Marisa Tashman, policy counsel at Blockchain Association, analyzes the US Securities and Exchange Commission’s (SEC) decision to name nine tokens as securities and investigate whether Coinbase lists securities.
- why the SEC named tokens as securities in an insider trading case where no exchanges or token teams are listed as defendants
- what happens if the Coinbase insider trading case is settled or goes to court
- why the SEC’s actions should be considered “regulation by enforcement”
- whether there is any process to force the SEC to reveal its reasoning for calling a token a security
- why Marisa thinks the SEC is actively harming US investors with its crypto policy
- how Coinbase is handling the SEC’s investigation
- what Marisa thinks of Coinbase’s listing process
- why the Cynthia Lummis-led crypto regulatory framework is a good start
- what Marisa believes will happen in the crypto regulatory landscape in the near future
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- SEC investigation into listing unregistered tokens: https://www.bloomberg.com/news/articles/2022-07-26/coinbase-faces-sec-investigation-over-cryptocurrency-listings
- SEC insider trading case: https://www.sec.gov/news/press-release/2022-127
- Coinbase does not list securities blog post: https://blog.coinbase.com/coinbase-does-not-list-securities-end-of-story-e58dc873be79
- Coinbase petition: https://www.sec.gov/rules/petitions/2022/petn4-789.pdf
SEC Regulation by Enforcement Response
- CFTC Commissioner: https://twitter.com/CarolineDPham/status/1550159347984044033
- Lindsay Lin: https://twitter.com/lindsayxlin/status/1552320370019106822?s=21&t=4OaAjw3r8NlH23ppWiVK1w
- Jake Chervinsky: https://twitter.com/jchervinsky/status/1550515627961589762?s=20&t=gGwDPAJzZXSu6Gwc9agDOg
- Hester Peirce: https://www.coindesk.com/policy/2022/05/03/hester-peirce-pushes-back-against-secs-plans-to-nearly-double-crypto-enforcement-staff/
- Matt Levine: https://twitter.com/matt_levine/status/1550202036570017792?s=20&t=e1g8U-V4K_ixd1vJoRc9gA
- Chair Gary Gensler wanting crypto exchanges to register as securities exchanges: https://www.
bloomberg.com/news/articles/ 2022-07-28/sec-chair-gensler- hardens-line-on-crypto- exchange-registration?sref= m9L277rN
garygensler/status/ 1552700562533236739?s=21&t= mNENJd2qeQYkeFFdZqWUPA