SEC Revises Stance on Cryptocurrencies Amid Ongoing Binance Lawsuit
The U.S. Securities and Exchange Commission (SEC) has recently revised its approach, moving away from labeling cryptocurrencies as “securities” in a September 12 court filing.
This shift comes amid the SEC’s legal dispute with Binance, which is accused of dealing in unregistered securities.
The SEC previously identified various crypto assets, including Solana, Cardano, and Polygon, as securities. However, the agency now says its earlier terminology was misleading and will use more precise language in the future. The SEC clarified that the term “crypto asset securities” was intended to describe the context and agreements surrounding these assets, not the assets themselves.
Despite this clarification, the SEC argues that Binance’s tokens still constitute investment contracts, maintaining that the exchange is in breach of securities laws. This stance is consistent with the SEC’s approach in a similar case against Kraken.
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The SEC’s updated position follows its recent approval of Bitcoin and Ethereum ETFs, which are treated under commodity fund regulations. This has sparked criticism from figures like Paul Grewal of Coinbase, who questions the SEC’s inconsistent regulatory stance.
There is also increasing pressure on U.S. regulators for clearer guidelines on cryptocurrency and decentralized finance (DeFi) compliance.