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The Inaccuracy of SEC's Classification of Cryptocurrencies as Securities

The Inaccuracy of SEC’s Classification of Cryptocurrencies as Securities

Cardano Co-Founder Charles Hoskinson Calls for Regulatory Clarity

Charles Hoskinson, co-founder of Cardano (ADA), has argued that regulators should not dismiss the possibility of Bitcoin and Ethereum being classified as securities. He points out that ADA, Ripple (XRP), and any token can be considered a security when used in an investment contract. The US Securities and Exchange Commission (SEC) has listed Cardano and several other cryptocurrencies as securities in its lawsuits against Coinbase and Binance, while Bitcoin and Ethereum were excluded.

Debate on Ripple (XRP) Should Be Based on Legal Considerations

The debate over whether Ripple (XRP) is a security or not should be legally-based, according to John Deaton, a prominent legal figure in the crypto industry. While Bitcoin maximalists argue that Bitcoin is a commodity and Ethereum is a security due to its potential for alteration, Deaton emphasizes that a token’s use determines its classification. He cautions against allowing maximalist claims to muddy the legal definition of an investment contract.

Tokens Can Be Packaged as Securities

Deaton argues that the sale of Bitcoin by its founder Satoshi Nakamoto could have been considered an unregistered securities offering if it had been packaged in a certain way. This highlights the fact that an asset itself is not inherently a security; rather, it can be marketed and sold as an investment contract. Therefore, the determination of whether a token is a security or not must be based on legal considerations.

We Cannot Accept One-Sided Decisions

Hoskinson agrees with Deaton’s stance and asserts that democracy should not involve accepting unilateral decisions about the classification of cryptocurrencies. He points out that even though Bitcoin is claimed to be completely decentralized, it is vulnerable to a 51% attack if three entities can be subpoenaed. Hoskinson emphasizes the need for regulatory clarity and a fair evaluation of all cryptocurrencies.

Hot Take: Regulatory Clarity is Essential for the Crypto Industry

The ongoing debate about whether cryptocurrencies like Bitcoin, Ethereum, and Ripple (XRP) should be classified as securities highlights the need for regulatory clarity in the industry. While some argue that certain tokens are commodities or securities based on their properties or use cases, it is important to approach these discussions from a legal standpoint. Determining whether a token is a security or not should not be influenced solely by maximalist claims but should consider the specific characteristics and context of each token. Clear and consistent regulations will benefit both investors and projects in the crypto space.

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The Inaccuracy of SEC's Classification of Cryptocurrencies as Securities