Invest In Crypto News
  • Home
  • Latest News
    • Bitcoin News
    • Altcoin News
    • Ethereum News
    • Blockchain News
    • Doge News
    • NFT News
    • Video
    • Market Analysis
    • Business
    • Finance
    • Politics
    • Mining
    • Regulation
    • Technology
  • Top 10 Cryptos
  • Market Cap List
  • IC DAO
  • Donations
  • Contact
  • Buy Crypto
  • IC DAO
No Result
View All Result
Invest In Crypto News
  • Home
  • Latest News
    • Bitcoin News
    • Altcoin News
    • Ethereum News
    • Blockchain News
    • Doge News
    • NFT News
    • Video
    • Market Analysis
    • Business
    • Finance
    • Politics
    • Mining
    • Regulation
    • Technology
  • Top 10 Cryptos
  • Market Cap List
  • IC DAO
  • Donations
  • Contact
  • Buy Crypto
  • IC DAO
No Result
View All Result
Invest In Crypto News
No Result
View All Result

The SEC is facing another defeat in its recycled lawsuit against Kraken

CryptoExpert by CryptoExpert
December 2, 2023
in Regulation
0
The SEC is facing another defeat in its recycled lawsuit against Kraken
  • Facebook
  • Twitter
  • Pinterest


You might also like

US, UK Deepen Crypto Regulatory Coordination After GENIUS Act

Are Legacy Layer-1 Tokens Ready for a Comeback?

CoinCash Gets MiCA License as Hungary Repeals Crypto Rules

The legal duel between the United States Securities and Exchange Commission (SEC) and Kraken, a leading cryptocurrency exchange, looks like another misguided attempt by the SEC to exert control over an industry that fundamentally challenges an outdated regulatory playbook. The agency’s lawsuit, filed in November, accuses Kraken of operating as an unregistered securities exchange.

The lawsuit isn’t just a repeat of the SEC’s past failures. It’s also a glaring example of regulatory overreach that fails to grasp the essence of cryptocurrency. It mirrors the agency’s actions against Coinbase, which mark a pattern of aggressive regulation that is both ineffectual and counterproductive. In its case against Coinbase, the SEC allegations similarly involved operating as an unregistered securities exchange. The approach fundamentally misunderstands the nature of cryptocurrency exchanges.

The lawsuit isn’t just a repeat of the SEC’s past failures. It’s also a glaring example of regulatory overreach that fails to grasp the essence of cryptocurrency. It mirrors the agency’s actions against Coinbase, which mark a pattern of aggressive regulation that is both ineffectual and counterproductive. In its case against Coinbase, the SEC allegations similarly involved operating as an unregistered securities exchange. The approach fundamentally misunderstands the nature of cryptocurrency exchanges.

Related: Expect some crypto companies to fail in the wake of Bitcoin’s halving

okex

Unlike traditional securities exchanges, platforms like Kraken offer a diverse range of digital assets that do not fit neatly into the securities framework. This misclassification by the SEC reveals a lack of understanding of the unique characteristics of cryptocurrencies, which function as decentralized assets, often with utility or currency-like features rather than conventional securities.

The SEC lawsuit against Kraken shamed the exchange for telling users they could attempt to profit by dollar-cost averaging into Solana. Source: Securities & Exchange Commission

One of the most striking issues is the absence of technological neutrality — the principle that regulatory frameworks should apply equally to all forms of technology, without favoring or penalizing any particular one. By forcing cryptocurrencies into the traditional securities mold, the SEC is not only misapplying laws but also showing a clear bias against digital assets. This lack of neutrality not only hinders innovation but also unfairly targets platforms that are striving to work within the regulatory landscape.

The SEC’s aggressive stance risks driving business away from the U.S. to more crypto-friendly jurisdictions. This phenomenon, known as regulatory arbitrage, could result in the U.S. losing its position as a leader in technological innovation. The crypto industry is global, and excessive regulation in one country simply pushes businesses to relocate, taking their economic benefits and innovations with them.

Related: 3 theses that will drive Ethereum and Bitcoin in the next bull market

The Kraken lawsuit is set to become another example of the SEC’s failure to successfully regulate the crypto industry, akin to the outcome of its actions against Coinbase. This repetitive cycle of aggressive and misinformed regulation is not only futile but also harmful to the credibility of the SEC. It sends a message that the regulatory body is more interested in flexing its regulatory muscle than in understanding and adapting to new technological paradigms.

The case isn’t just an isolated legal battle. It is indicative of a broader issue within the U.S. regulatory framework’s approach to cryptocurrencies. The SEC must move beyond its current, outdated tactics and engage with the crypto industry in a more informed and constructive manner. Regulation is necessary, but it must be reasonable, well-informed, and designed to foster innovation, not stifle it.

It looks the SEC is set for another resounding defeat, which will serve as one more reminder of the need for a new approach by regulators.

Daniele Servadei is the 20-year-old founder and CEO of Sellix, an Italian e-commerce platform that has processed more than $75 million in transactions for more than 2.3 million customers worldwide. He’s attending the University of Parma for a degree in computer science.

This article is for general information purposes and is not intended to be and should not be taken as legal or investment advice. The views, thoughts and opinions expressed here are the author’s alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.



Source link

  • Facebook
  • Twitter
  • Pinterest
Tags: BitcoinEthereum
CryptoExpert

CryptoExpert

Recommended For You

US, UK Deepen Crypto Regulatory Coordination After GENIUS Act

by CryptoExpert
August 4, 2026
0
Cointelegraph

Latest NewsPublishedAug 4, 2026In a July 8 meeting, US and UK regulators highlighted the implementation of the GENIUS Act, payment modernization and cross-border cooperation, reinforcing a shared framework...

Read more

Are Legacy Layer-1 Tokens Ready for a Comeback?

by CryptoExpert
August 4, 2026
0
RAIN, Canton, and Velvet Eye New Highs As Traders Watch Weekend Breakouts

After months of lagging the broader crypto market, legacy Layer-1 tokens Cosmos (ATOM) and Polkadot (DOT) are back in the spotlight. Both cryptos have staged rebounds from key...

Read more

CoinCash Gets MiCA License as Hungary Repeals Crypto Rules

by CryptoExpert
August 4, 2026
0
Cointelegraph

Hungary is rolling back strict crypto rules as CoinCash prepares to resume services after receiving authorization under the European Union’s Markets in Crypto-Assets (MiCA) regulation.The Hungarian Parliament voted...

Read more

BlackRock Files With SEC to Issue Tokenized Fund Shares on Solana

by CryptoExpert
August 3, 2026
0
BlackRock Files With SEC to Issue Tokenized Fund Shares on Solana

BlackRock has filed with the SEC to issue tokenized fund shares on Solana, marking one of the clearest signals yet that the world’s largest asset manager is moving...

Read more

Bitget to exit Japan, close remaining positions after Dec. 31

by CryptoExpert
August 3, 2026
0
Cointelegraph

The crypto exchange stopped accepting new registrations from Japan residents and will begin progressively restricting existing accounts on Nov. 1. Source link

Read more
Next Post
Crypto Losses Hit $363 Million In November

Crypto Losses Hit $363 Million In November

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Browse by Category

  • Altcoin News
  • Bitcoin News
  • Blockchain News
  • Business
  • Doge News
  • Ethereum News
  • Finance
  • Market Analysis
  • Mining
  • NFT News
  • Politics
  • Regulation
  • Technology
  • Trending Cryptos
  • Video

Sitemap

  • Market Cap
  • Donations
  • Trading
  • Mining
  • Contact

Legal Information

  • Privacy Policy
  • Anti-Spam Policy
  • Copyright Notice
  • DMCA Compliance
  • Social Media Disclaimer
  • Terms Of Service

Categories

  • Altcoin News
  • Bitcoin News
  • Blockchain News
  • Business
  • Doge News
  • Ethereum News
  • Finance
  • Market Analysis
  • Mining
  • NFT News
  • Politics
  • Regulation
  • Technology
  • Trending Cryptos
  • Video

© Copyright 2024 InvestInCryptoNews.com

No Result
View All Result
  • Home
  • Latest News
    • Bitcoin News
    • Altcoin News
    • Ethereum News
    • Blockchain News
    • Doge News
    • NFT News
    • Video
    • Market Analysis
    • Business
    • Finance
    • Politics
    • Mining
    • Regulation
    • Technology
  • Top 10 Cryptos
  • Market Cap List
  • IC DAO
  • Donations
  • Contact
  • Buy Crypto
  • IC DAO

© Copyright 2024 InvestInCryptoNews.com

This website is using cookies to improve the user-friendliness. You agree by using the website further.

Privacy policy
bitcoin
Bitcoin (BTC) $ 64,209.00
ethereum
Ethereum (ETH) $ 1,873.92
tether
Tether (USDT) $ 0.999325
bnb
BNB (BNB) $ 593.34
usd-coin
USDC (USDC) $ 0.999694
xrp
XRP (XRP) $ 1.08
solana
Solana (SOL) $ 74.03
tron
TRON (TRX) $ 0.327016
figure-heloc
Figure Heloc (FIGR_HELOC) $ 1.00
staked-ether
Lido Staked Ether (STETH) $ 2,265.05

Pin It on Pinterest

Are you sure want to unlock this post?
Unlock left : 0
Are you sure want to cancel subscription?