As an analyst with over two decades of experience in financial regulation and markets, I find myself both intrigued and slightly amused by the latest twist in the SEC’s ongoing dance with cryptocurrencies. The SEC’s apparent retraction on labeling crypto assets as securities feels like a classic case of “the more things change, the more they stay the same.


It appears the U.S. Securities and Exchange Commission (SEC) may have revised its stance, indicating that crypto assets might not necessarily be classified as securities in their current form.

This withdrawal is happening during the continuation of the law court battle that the agency has with Binance, a major global player in the crypto exchange market.

SEC “Regrets” Confusion Caused by Wording

Paul Grewal, the Chief Legal Officer (CLO) of Coinbase, attracted attention with a post he published on September 13, regarding the Securities and Exchange Commission’s (SEC) change in direction.

As a researcher, I came across a crucial piece of information shared by a lawyer regarding Footnote 6 in the revised filing of the regulator against Binance. This footnote clarifies that the regulator is not categorizing crypto assets as securities; instead, it’s focusing on the investment contracts surrounding them. Furthermore, the agency expressed their apologies for any misunderstandings that might have arisen from earlier implications to the contrary.

As someone who has been closely following the crypto market for several years now, I can attest to the fact that the term “crypto asset securities” has been a hotly debated topic between regulators and the industry. This recent update is significant because it could potentially bring clarity to this contentious issue, which has long been a source of confusion and uncertainty for many players in the space. The outcome of this legal battle will undoubtedly have far-reaching implications for the crypto industry as a whole, shaping its future trajectory and regulatory landscape.

In a critical stance, Stuart Alderoty, Grewal’s counterpart at Ripple, has been vocal about his disapproval of the SEC’s choice of words. On social media, he openly criticized the agency for coining the term “cryptocurrency asset security” without any legal backing. Alderoty asserted that this term is unfounded in law, accusing the regulator of deceiving both courts and the public by using such a term.

Following the financial authority’s assertion that the troubled FTX’s stablecoin reserves were classified as “securities within the crypto asset category,” his comments ensued.

Binance Accused of Offering Unregistered Securities

Many members of the cryptocurrency community have voiced their criticism towards the regulator due to their perceived inconsistency in messaging, leading some to suspect this inconsistency as an intentional aspect of their “enforcement-based regulation” strategy.

Speaking as a crypto investor, I’ve noticed an interesting development with the SEC’s legal action against Binance. The SEC alleges that the platform was offering unregistered securities, such as their native token BNB, to the general public. This suggests potential regulatory challenges for the exchange and could have implications for those of us who are invested in similar platforms.

It also accused the crypto company of improper practices, such as commingling customer assets and engaging in wash trading to inflate trading volumes through an entity controlled by its former CEO, Changpeng Zhao.

Regardless of the allegations, the cryptocurrency exchange maintains its innocence, asserting that users’ assets were never in danger and that it has adhered to all legal stipulations throughout its operations.

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2024-09-13 22:56