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US Legislators Call for Clarity on SEC's Stance Regarding Ethereum-Based Financial Products

Mar 26, 2024

A group of Republican US lawmakers has raised concerns with the Securities and Exchange Commission (SEC) regarding how they regulate Ethereum and associated financial products. The legislators, who hold key positions in financial committees, are urging SEC Chairman Gary Gensler to provide clear guidance on several issues impacting the cryptocurrency industry.

The lawmakers are questioning the SEC's viewpoint on how Special Purpose Broker Dealers (SPBDs) handle custody of non-security digital assets, the regulatory status of Ethereum (ETH), and the consequences of recent SEC announcements related to digital asset custody. There are worries about the potential effects on digital asset markets if the SEC's regulations remain unclear, particularly when it comes to SPBDs offering custody services for ETH within a regulatory framework that may not support such activities.

Additionally, the letter emphasizes the SEC's tendency to label many cryptocurrencies as securities, leading to confusion due to a lack of clear definitions within the industry. The legislators are critical of the SEC's failure to provide specific guidance or regulations for asset classification in the digital market, resulting in uncertainty and enforcement actions against digital asset trading platforms for operating without proper registration as required by securities laws.

Despite Ethereum's general acceptance as a non-security digital asset, the SEC has yet to definitively classify it, contributing to the prevailing uncertainty. The lawmakers are urging the SEC to adopt a clearer regulatory strategy, particularly concerning Ethereum, to address these classification concerns promptly.

These actions by US lawmakers underscore the urgent need for regulatory clarity in the ever-changing cryptocurrency landscape, as various stakeholders strive to comprehend the rules and frameworks governing their activities and investments in digital assets.

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