this post was submitted on 13 Nov 2024
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[–] treadful 124 points 1 week ago (12 children)

What crackdown? The SEC has only charged actual scammers and they've "requested information" from the legitimate players to figure out how to proceed. Other than some bad calls by sanctioning software, there's hardly been anything considered a "crackdown."

[–] [email protected] 5 points 1 week ago (5 children)

I don't know why this is being taken at face value with so many upvotes. The Gensler SEC was right to go after actual scammers and ponzis, but they went much further and clearly had an agenda.

Gensler targeted the most reputable exchange in the US alleging that their core business is illegal, because the Gensler SEC decided to classify crypto assets as securities rather than define a new regulatory framework that actually fits.

https://www.sec.gov/newsroom/press-releases/2023-102

Coinbase wanted to follow the rules and spent years asking for clarity. Rather than provide clear rules, the SEC provided a lawsuit.

[–] treadful 7 points 1 week ago

That's fair, but hardly so aggressive that I'd call it a "crypto crackdown."

But it's hardly unexpected to see lawsuits around unsettled law. Everyone should expect more as we start settling case law and bringing crypto inline with existing law.

Also, wasn't it mostly centered around their non-exchange activities? Press release specifically mentions their "Staking-as-a-Service" offering. Not that I see anything wrong with it, but I could see how that could be considered a security. Doesn't really pass the Howey test.

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