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Regulation

by Kevin Helms

1 hour ago



THE LATEST

 * SEC Unveils Plan to Compensate Investors in Mila Kunis' Stoner CatsFEATURED |
   48 minutes ago
 * BTC and XRP Redefine Boundaries in US Crypto RegulationREGULATION | 1 hour
   ago
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   hours ago
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BTC AND XRP REDEFINE BOUNDARIES IN US CRYPTO REGULATION

BTC and XRP challenge securities classifications as a legal expert argues
underlying assets are distinct from investment contracts, intensifying calls for
regulatory clarity in crypto markets.





BTC AND XRP LEAD LEGAL SHIFT IN CRYPTO INVESTMENT CONTRACT STANDARDS

A well-known advocate in the cryptocurrency community, John E. Deaton, has
strongly criticized the conflation of crypto assets with securities in
investment contract cases. In a statement on social media platform X on
Thursday, he addressed the Financial Industry Regulatory Authority (FINRA)’s
newly released guide on classifying crypto assets as securities, stating:

> The underlying asset utilized in an ‘investment contract’ is never itself the
> security.

Deaton, a former U.S. Marine and attorney specializing in cryptocurrency law,
rose to prominence by representing XRP holders in the SEC’s lawsuit against
Ripple Labs and advocating for clearer crypto regulations. He recently ran
unsuccessfully for a U.S. Senate seat, challenging incumbent Senator Elizabeth
Warren.

He used various examples to illustrate that the assets involved in investment
contracts are not inherently securities. He pointed out that orange groves,
beavers, gold, and condominiums have all been marketed within investment
contracts but remain distinct physical or tangible items. “Gold has been
packaged, marketed, offered and sold in an investment contract (security) but it
still remained gold that could be melted into jewelry and never itself a
security,” he said. Similarly, he noted that bitcoin (BTC), GRAM tokens, and XRP
have been part of investment contracts yet are not securities themselves. “BTC
was once packaged, marketed, offered and sold in an investment contract
(security) — but it was still just BTC,” he emphasized.



Deaton noted that courts have explicitly ruled that XRP is not inherently a
security, even if it has been sold as part of an investment contract under
specific circumstances. He explained that in the case of the SEC v. Ripple:

> Judge Torres agreed and specifically held that although XRP could be offered
> as a security under certain circumstances … XRP itself is not a security.

Gary Gensler, Chair of the U.S. Securities and Exchange Commission (SEC), has
consistently stated that bitcoin is not a security, classifying it as a
commodity. However, he has refrained from providing a definitive stance on
ether’s status, often deferring on the question of whether it is a security or a
commodity. This ambiguity has led to ongoing debates within the cryptocurrency
community and among regulators regarding the appropriate classification and
regulatory approach for ethereum and other digital assets.

Deaton called on leadership at the SEC to address this ongoing
misrepresentation. His argument underscores the distinction between the
underlying assets and the contracts used to market them, urging regulators to
clarify the issue and avoid treating all assets within such arrangements as
securities.

TAGS IN THIS STORY

Bitcoin, XRP






UNITED KINGDOM TO INTRODUCE REGULATION FOR CRYPTO IN 2025

Regulation | 8 hours ago

SOLANA ETF MOMENTUM GROWS AMID REPORTS OF SEC ENGAGEMENT

Regulation | 1 day ago

Image Credits: Shutterstock, Pixabay, Wiki Commons





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IN CASE YOU MISSED IT

SEC Unveils Plan to Compensate Investors in Mila Kunis' Stoner Cats

The SEC seeks to compensate investors in Mila Kunis-backed Stoner Cats NFTs,
which were deemed an unregistered securities offering that violated federal law.
Stoner Cats Investors to Be Compensated Under SEC’s Proposed Fund Plan The U.S.
Securities and Exchange Commission… read more.


BTC AND XRP REDEFINE BOUNDARIES IN US CRYPTO REGULATION


US REGULATOR PUBLISHES CRYPTO GUIDE WITH STARK FOMO REMINDER


HTX DAO COMPLETES Q3 2024 $HTX BURN UNDER LIQUIDITY STRATEGY TRANSITION


WHAT'S NEXT FOR CRYPTO: SEC EXAMINATION PRIORITIES IN 2025


AUSTRALIA SEEKS PUBLIC INPUT ON CRYPTO TAX REPORTING


FROM CODE TO $100K: WHY BITCOIN’S MILESTONE MATTERS TO ECONOMICS


HOW CRYPTO IS CHANGING ONLINE GAMBLING AND BETOSPIN LEADS THE WAY


NAMECHEAP AMASSES $73 MILLION IN BITCOIN REVENUE WITH OVER 1.1 MILLION
TRANSACTIONS


PEPETO’S $600K PRESALE HIGHLIGHTS VISION FOR SUPPORTING MEMECOINS AHEAD OF 2025



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