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Gary Gensler Clarifies: Status of Bitcoin and Ethereum

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by Giorgi Kostiuk

6 months ago


In a recent interview, Gary Gensler, SEC Chairman, clarified misconceptions about Bitcoin and Ethereum's classification.

Bitcoin and Ethereum’s Status

Gensler emphasized that neither he nor his predecessor, Jay Clayton, ever declared Bitcoin or Ethereum as securities. He explained that the nature of the SEC’s work prevents the commission from definitively classifying these tokens as securities.

Why Bitcoin and Ethereum Are Treated Differently

Bitcoin was created through a decentralized process, with no central authority or initial coin offering (ICO). Its decentralized nature has led regulators to treat it as a commodity rather than a security. While Ethereum’s 2014 ICO sparked some initial scrutiny, its transition to a decentralized network has distanced it from traditional securities classifications.

Gensler’s Comments in Context

Gensler’s statements aim to dispel the notion that the SEC has taken a definitive stance on Bitcoin or Ethereum as securities. The SEC evaluates assets individually to determine whether they meet the criteria of a security under the Howey Test.

Gensler’s assertion reaffirms the unique status of Bitcoin and Ethereum in the crypto sphere. Despite ongoing regulatory uncertainty, these cryptocurrencies continue to enjoy support due to their decentralized nature and established market presence.

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