Professionals across the crypto sector have responded to the United States Securities and Exchange Commissionโs (SEC) recent actions against two of the biggest crypto exchanges, Binance and Coinbase.ย
On June 5, the SEC filed a lawsuit against Binance for allegedly offering unregistered securities. Only a day after filing the Binance suit, the commission also went after Coinbase on similar grounds, alleging that popular cryptocurrencies offered by the exchange, such as Solana (SOL), Polygon (MATIC) and The Sandbox (SAND), qualify as securities.
Today we charged Binance Holdings Ltd. (Binance); U.S.-based affiliate, BAM Trading Services Inc., which, together with Binance, operates https://t.co/swcxioZKVP; and their founder, Changpeng Zhao, with a variety of securities law violations.https://t.co/H1wgGgR5ir pic.twitter.com/IWTb7Et86H
โ U.S. Securities and Exchange Commission (@SECGov) June 5, 2023
Cointelegraph reached out to market players working in the space for their responses to the recent actions by the SEC. From sharing a belief that it will drive crypto companies away from the U.S. to simply calling the SECโs actions lazy, industry players shared their thoughts on the latest developments.
An โunacceptableโ approach to regulation
According to Kristin Smith, the CEO of the Blockchain Association, while the SECโs actions are expected, itโs still unacceptable. Smith explained that:
โThe SEC doesnโt make the law. Indeed, this approach to regulation is unacceptable, but it is what we have come to expect from the SEC and its anti-crypto stance.โ
The executive highlighted that while the industry and the U.S. Congress are working to develop effective regulation, the SEC โcontinues to distract from substantive policy efforts.โ The executive believes that by listing assets this way, the SEC is trying to circumvent formal rulemaking processes and deny public engagement.
Meanwhile, Paolo Ardoino, the chief technology officer of stablecoin issuer Tether, believes companiesโ complaints against the SEC should be listened to. According to Ardoino, the uncertainty of rules and guidance in the U.S. is becoming a common theme, even among the countryโs biggest crypto supporters.
Turbos Finance CEO Ted Shao also echoed Smithโs sentiment. Shao says this is โnot the direction Web3 developers want to see.โ The executive believes the SEC showed that itโs against the whole Web3 space, as they are also coming after top projects, not just centralized exchanges (CEXs).
Driving crypto players abroad and weakening consumer confidence
In addition to the SECโs actions being unacceptable, other professionals working in the space believe that the effects of this recent move include pushing crypto players to more crypto-friendly jurisdictions and weakening consumer confidence in crypto within the US.
Insider Intelligence crypto analyst Will Paige said that the recent suits highlight that the SEC intends to police the space through enforcement in the absence of a regulatory framework. According to Paige, this could potentially knock down the โalready weak consumer confidence in cryptocurrenciesโ in the country.
Ben Caselin, the chief strategy officer at crypto exchange MaskEX, believes that while this is a case against Binance, it may have implications for other players in the US. The former AAX executive explained that this can โopen up more opportunities for other jurisdictions such as Hong Kong, Dubai or even El Salvador to drive innovation and attract capital and talent.โ
Oscar Franklin Tan, the chief legal officer of nonfungible token (NFT) protocol Enjin, agrees with the sentiment. According to Tan, the world will not wait for the US to make up its mind on crypto. Tan explained:
โThe SEC actions only drive talent and innovation out of the US, to countries with clearer rules that support responsible builders. Singapore in 2020 stated it does not follow the US Howey Test. Japan has a clear self-regulatory framework for exchanges.โ
The executive believes that โprogressive countriesโ will reap the benefits, especially now that explosions in artificial intelligence and extended reality are highlighting the need for blockchain and genuine digital ownership.
Related: US Financial Services Committee sets date to discuss future of crypto
Doubts cast on SECโs fairness and motivations
While others expressed their beliefs on the potential effect of the SECโs lawsuit against Binance and Coinbase, other crypto professionals explored the motivation and fairness of the SECโs move.
According to David Schwed, the chief operating officer of Blockchain security firm Halborn, the mandate of the SEC is to ensure the safeguarding of investors. Schwed believes that this can be done through clear regulations and not through enforcement actions. The executive added that SEC chair Gary Genslerโs motivations may be skewed. โIt seems to me that his personal ambitions and the need to validate his stance have now superseded his core mandate,โ he explained.
Alex Strzeลniewski, the founder of the decentralized finance (DeFi) protocol AngelBlock, described the SECโs actions as โlazy.โ The executive believes that it does not drive proper regulation forward. He explained:
โItโs like a school teacher berating you for giving the wrong answers but failing to give any explanation beyond that. I also donโt believe that the SEC does, in fact, have jurisdiction over everything theyโre claiming to.โ
Meanwhile, Tim Shan, the chief operating officer at decentralized exchange (DEX) Dexalot expressed mixed feelings about the lawsuits and said that the SECโs actions are unfair to the community.
โTheyโve provided very little clarity or guidance to the crypto community. They are regulating through the courts, which is really quite unfair and not the right way to regulate/govern,โ he said.
Magazine: Crypto regulation: Does SEC Chair Gary Gensler have the final say?
