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Crypto and Blockchain Communities Challenge SEC Warning to OpenSea

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by Giorgi Kostiuk

2 years ago

  1. SEC Warning to OpenSea
  2. Criticism from Ji Kim and Katherine Minarik
  3. OpenSea's Response and Support for NFT Creators


    4. Crypto and blockchain communities are reacting to the U.S. Securities and Exchange Commission (SEC) and its chair, Gary Gensler, regarding the warning issued to the OpenSea platform.

    SEC Warning to OpenSea

    On August 28, OpenSea CEO Devin Finzer announced that the SEC had sent a Wells notice to the platform. This notice is a formal warning that the SEC might take legal action, claiming that OpenSea could be operating like an unregistered securities exchange. This is unusual as it is one of the few times the SEC has considered applying securities laws to an NFT marketplace.

    Criticism from Ji Kim and Katherine Minarik

    Ji Kim, Chief Legal and Policy Officer at the Crypto Council for Innovation (CCI), criticized the SEC’s move, saying it is “legally flawed and utterly ridiculous.” Kim believes that treating NFT platforms as securities exchanges does not make sense legally.

    The aggressive and innovation chilling regulation by enforcement approach of this SEC continues–this must stop. Devin Finzer is absolutely right–NFTs are fundamentally creative goods, which allow artists, creatives, and others to showcase their talent. NFTs should not be regulated.Ji Kim

    OpenSea's Response and Support for NFT Creators

    In response to the possible legal action, Devin Finzer has pledged to defend OpenSea and has promised to provide up to $5 million to help NFT creators and developers who might face similar issues.

    Overall, the reaction of crypto and blockchain communities to the SEC’s actions against OpenSea brings about active discussion and criticism of the regulatory approaches within the NFT industry.

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