SEC Just “Conceded” That ETH Is Not Security, Coinbase’s Top Lawyer Says
09/13/2024 12:51However, legal experts have cautioned the cryptocurrency community that private settlements are not precedential
However, legal experts have cautioned the cryptocurrency community that private settlements are not precedential
The U.S. Securities and Exchange Commission (SEC) has already conceded that Ethereum (ETH) is not a security, according to Paul Grewal, chief legal officer at Coinbase.
His observation came after the SEC reached a settlement with trading platform eToro. The settlement stipulates that eToro should stop offering all crypto tokens for trading apart from Bitcoin (BTC), Bitcoin Cash (BCH), and Ethereum (ETH).
While there are no doubts about the legal status of Bitcoin and its biggest, Ethereum has so far remained in the grey area. SEC Chair Gary Gensler has repeatedly dodged questions about whether or not ETH should be viewed as a commodity or a security.
The settlement is the strongest signal yet that the SEC might view Ethereum (ETH) as a non-security.
"There's no plan"
Still, Grewal has slammed the SEC why it views Bitcoin and Ethereum as non-securities while the other tokens are viewed as securities.
Coinbase's top lawyer claims that the agency is simply incapable of explaining the rationale behind such a distinction.
"There is no plan, no framework, no logic, no due process, and certainly no respect for the law," he noted.
Settlements are not laws
It is worth noting that Ethereum is not out of the woods just yet despite the recent indicator that it might not be a security.
Jake Chervinsky, chief legal officer at Variant, has cautioned that settlements do not establish new legal precedents.
"We may see more like eToro from the SEC and other agencies this month, all with orders pretending to establish new precedent. None do," he said in a social media post.
About the author
Alex Dovbnya
Alex Dovbnya (aka AlexMorris) is a cryptocurrency expert, trader and journalist with extensive experience of covering everything related to the burgeoning industry — from price analysis to Blockchain disruption. Alex authored more than 1,000 stories for U.Today, CryptoComes and other fintech media outlets. He’s particularly interested in regulatory trends around the globe that are shaping the future of digital assets, can be contacted at [email protected].
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