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SEC Ends OpenSea Probe, NFT Status Intact

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by Giorgi Kostiuk

7 hours ago


The SEC has concluded its investigation into OpenSea without filing charges, seen as a success for the NFT industry. However, regulatory uncertainty remains.

SEC Investigation Closure

The SEC has officially ended its investigation into OpenSea without bringing charges against the company. The investigation began in August 2024 and focused on whether NFTs traded on the OpenSea platform were unregistered securities. OpenSea's CEO, Devin Finzer, described this decision as a victory for the industry.

Attempting to classify NFTs as securities would have been a step backward—one that misinterprets the law and slows innovation.Devin Finzer

Industry Reaction to the Decision

The decision has sparked optimism across the NFT and crypto communities. Although OpenSea is a competitor, Magic Eden's Chris Akhavan acknowledged that the outcome benefits the entire industry. Crypto commentator Beanie noted that this decision could ignite the next NFT bull market. Ripple CEO Brad Garlinghouse also praised the SEC for its shift away from a harsh regulatory approach.

Implications for NFT Regulation

Despite the relief brought by the SEC's decision, the lack of clear rules leaves NFT platforms vulnerable to future legal shifts. In response to criticism, OpenSea has established a $5 million legal defense fund to support NFT developers and creators facing regulatory challenges. In addition, SEC Commissioner Hester Peirce is interested in developing more structured guidance for the crypto sector.

While the conclusion of the SEC's investigation into OpenSea is a win for the NFT industry, the need for clear regulation remains to prevent future legal challenges.

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