Crypto Legislation and the Immunity of Bitcoin, Ethereum, and XRP
According to pro-XRP lawyer John E. Deaton, recent developments in the crypto space have provided immunity to Bitcoin (BTC), Ethereum (ETH), and XRP from being classified as securities. The approval of spot Bitcoin ETFs by the SEC and the exposure of Ethereum to a similar environment through futures ETFs and BlackRock’s application for a spot Ethereum ETF are cited as evidence.
Deaton believes that Gary Gensler’s reluctance to declare ETH a non-security publicly does not pose a threat to its position. Furthermore, XRP’s status has already been established as non-security based on Judge Analisa Torres’s ruling. However, the ongoing Coinbase lawsuit with the SEC could have a significant impact on future crypto legislation.
Treasury Secretary Yellen’s Push for Crypto Legislation
Treasury Secretary Janet L. Yellen has been advocating for crypto legislation before the Committee on Financial Services of the U.S. House of Representatives. She highlights the volatility associated with cryptocurrencies as a major threat to investors and calls for the enforcement of existing regulations and the creation of new legislation to regulate stablecoins and non-securities crypto-assets.
EU’s Pursuit of Robust Crypto Market Regulations
The European Securities and Markets Authority (ESMA) is also working on establishing robust regulatory frameworks for cryptocurrencies. They have released two consultation papers seeking public feedback on standards and guidelines under the Markets in Crypto-Assets (MiCA) regulation. This signals a more assertive regulatory approach from the EU, including stricter rules for foreign crypto firms.
Hot Take: The Future of Crypto Regulations
The push for crypto legislation by Treasury Secretary Yellen and regulatory efforts by organizations like ESMA reflect growing concerns about the use of cryptocurrencies and the need for a regulatory framework. While Bitcoin, Ethereum, and XRP seem to have established their immunity from being classified as securities, ongoing legal battles like the Coinbase lawsuit could shape future regulations. As governments and regulatory bodies continue to address the challenges posed by cryptocurrencies, the crypto industry must adapt to evolving regulations while maintaining its innovative potential.
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