Consensys Sues SEC Over Ethereum Classification

Consensys Sues SEC Over Ethereum Classification

By Jakub Lazurek

27 Apr 2024 (7 months ago)

2 min read

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Consensys files a lawsuit against the SEC to protect Ethereum's classification as a commodity

Consensys Software Inc. has sued the U.S. Securities and Exchange Commission (SEC) for trying to classify Ethereum as a security, rather than acknowledging it as a global computing platform. The lawsuit was filed in the Northern District of Texas on April 25. This legal action challenges the SEC's hesitation to approve trading of spot Ether ETFs, which is expected to be decided by May 23-24.

Ethereum is widely recognized not as an investment vehicle but as an essential web3 platform. It supports decentralized finance (DeFi) platforms like Uniswap, which are not considered securities brokers. This positioning helps protect Ethereum's status outside the SEC’s regulatory scope, especially as the decision on the spot Ether ETF looms.

The SEC's scrutiny extends to Ethereum-based DeFi projects after issuing a Wells notice to Uniswap.

However, the Ethereum community maintains that it should be seen as a commodity, supported by the Commodity Futures Trading Commission (CFTC). Through its lawsuit, Consensys argues that the SEC’s aggressive stance could threaten U.S. leadership in the next generation of internet technologies.

The company insists that Ethereum remains a vital blockchain platform that should not be constrained by inappropriate securities laws. The Ethereum network is a leader in the web3 space, with a market cap of around $83 billion in stablecoins and $54 billion in total value locked. Despite recent price drops, Ethereum supporters are optimistic about a potential rebound and achieving new price highs.

The outcome of this lawsuit could significantly impact the regulatory framework for digital assets in the U.S. and the future role of Ethereum in internet evolution. This case is pivotal for Consensys and the broader U.S. crypto industry, which employs a significant portion of the global cryptocurrency workforce.

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