Why the Jury in Terraform Labs Case Shouldn’t Determine the Security Status of Cryptocurrency, According to SEC

Why the Jury in Terraform Labs Case Shouldn't Determine the Security Status of Cryptocurrency, According to SEC


SEC Requests Judge to Determine Crypto Assets as Securities

The United States Securities and Exchange Commission (SEC) has asked the judge in its civil case against Terraform Labs and co-founder Do Kwon to determine whether certain crypto assets are securities instead of a jury. The SEC argued that the classification of cryptocurrencies as securities falls under the court’s jurisdiction rather than being a matter for the jury. They stated that there were no factual disputes regarding how the crypto assets were sold or the terms of those sales. The SEC has previously labeled different cryptocurrencies as securities in various lawsuits, and this ongoing debate continues to question which digital assets should be classified as securities or commodities.

Role of the SEC in Regulating Digital Assets

Lawmakers and regulators in the United States have been debating the classification of cryptocurrencies and the role that the SEC should play in regulating digital assets. The SEC’s actions have included enforcement actions against major platforms like Binance and Coinbase. In a previous case against Ripple, a federal judge ruled that XRP did not necessarily qualify as a security, potentially leading to dropped charges against Ripple’s CEO and executive chair. Additionally, there is speculation that the SEC may soon make a decision on approving a spot crypto exchange-traded product.

Hot Take: SEC’s Power in Determining Crypto Asset Classification

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The recent request by the SEC for a judge to determine whether certain crypto assets are securities highlights their authority in classifying digital assets. This move indicates that the SEC is positioning itself as the primary regulatory body responsible for determining which cryptocurrencies fall under securities regulations. As debates continue among lawmakers and regulators, it remains crucial for market participants to stay informed about these developments and understand how they may impact the crypto industry.

Why the Jury in Terraform Labs Case Shouldn't Determine the Security Status of Cryptocurrency, According to SEC
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