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18 U.S. States File Lawsuit Against SEC: Crypto Regulation Dispute

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by Giorgi Kostiuk

8 months ago


Eighteen U.S. states have collectively filed a lawsuit against the Securities and Exchange Commission (SEC), accusing it of overstepping its constitutional bounds in regulating the cryptocurrency sector.

Background of the Lawsuit

The lawsuit was jointly filed in a Kentucky district court alongside 17 other Republican attorneys general, including those from Nebraska, Tennessee, and West Virginia. Led by Kentucky Attorney General Russell Coleman, the coalition claims that the SEC, under Chair Gary Gensler, is disrupting state regulatory frameworks and stifling innovation in the $3 trillion digital asset market. Partnering with the DeFi Education Fund, a crypto advocacy group, the states argue that the SEC's actions infringe on state-level regulations aimed at promoting consumer protection and economic growth.

At bottom, the SEC's regulatory overreach defies basic principles of federalism and separation of powers...Russell Coleman

Suppressing Progress

By imposing penalties without a clear regulatory framework, the coalition argues that the SEC creates risks for economic progress. Many in the crypto industry have criticized Gensler’s broad interpretation of securities law, which forces firms to comply with stringent requirements that don’t align with the unique nature of digital assets. This, according to the coalition, harms rather than protects U.S. citizens, stifling the growth of an innovative sector with significant potential to contribute to economic development.

Impact on the Industry

If the coalition succeeds, the case might redefine the balance of power between state and federal authorities in overseeing digital assets. Attorneys general argue that the SEC’s interference disrupts states' abilities to enforce their own regulations. They also mention that the lack of a comprehensive federal regulatory framework leaves the industry in a state of uncertainty. Without a designated regulatory body for digital assets, companies are forced to navigate a complex legal landscape without clear guidance.

Still worse, by attempting to shoehorn digital assets into ill-fitting federal securities laws and inapt disclosure regimes, the SEC is harming the very citizens it purports to protect.

The lawsuit filed by 18 states against the SEC could be a pivotal moment in the ongoing debate over cryptocurrency regulation. The outcome of this case may reconsider the influence balance among U.S. regulatory bodies concerning digital assets.

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