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SEC Rejects Coinbase’s Call for New Crypto Regulations

This article was published more than a year ago. Some information may no longer be current.

In a recent legal filing, the U.S. Securities and Exchange Commission (SEC) pushed back against Coinbase’s demands for a completely revamped regulatory framework for cryptocurrencies. The agency argued that existing rules are adequate and that it’s not required to create new regulations from scratch as Coinbase suggests.

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SEC Rejects Coinbase’s Call for New Crypto Regulations

SEC Clings to Century-Old Rules in Response to Coinbase’s Crypto Reform Calls

The SEC’s court filing on May 10, 2024, emphasized that the regulatory body retains the discretion to set its own priorities and that rewriting rules entirely for the crypto industry is unnecessary. This came in response to Coinbase’s accusation, termed a “power grab,” following a series of enforcement actions the SEC has taken in the crypto space. The SEC stated that its existing framework, despite criticisms, is sufficient to address current market realities without the need for an overhaul.

“[The fact that the] commission has brought crypto-asset-security-related enforcement actions does not require the commission to grant the rulemaking petition. To the contrary, in authorizing those enforcement actions, the commission necessarily determined that the agency could assert claims under existing law,” the SEC contends.

The securities regulator added:

In all events, ordering the commission to engage in the requested rulemaking would be an unjustified and impermissible intrusion upon the broad discretion that Congress granted the commission.

Coinbase had petitioned the SEC to initiate rulemaking to replace existing securities regulations with a new framework specifically designed for crypto assets. However, the SEC countered this by arguing that the current laws already provide a solid foundation for regulating the market and that their enforcement actions are consistent with longstanding legal standards. The SEC’s refusal underscores its lack of acknowledgment that securities laws crafted in the 1930s might not suffice for today’s crypto assets.

While Coinbase continues to advocate for regulatory clarity, the SEC’s position reflects a broader hesitation among regulators to rapidly alter financial governance structures in response to emerging technologies. In essence, it appears that several U.S. regulators like the SEC are navigating blindly, lacking a tangible rationale for their decisions.

The SEC’s filing highlighted that their current regulatory instruments are not particularly flexible and have not been effectively utilized across various innovations in the financial sector, including cryptocurrencies. This persistent conflict between Coinbase and the SEC establishes an important precedent for the future evolution of crypto regulations. It underscores how today’s regulators are profoundly disconnected from the daily realities faced by market participants. Yet, like an oblivious and overbearing parent, it persists in displaying its irrational justifications.

What do you think about the SEC’s response to Coinbase? Share your thoughts and opinions about this subject in the comments section below.

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