Category: News

ether is not a security

Late last night, the Securities and Exchange Commission (SEC) seems to have effectively admitted that the Ethereum blockchain network token is not a security – effectively ending (but not confirming, yet) the SEC’s enforcement action against Consensys, owners of the MetaMask wallet, which was signaled by a Wells Notice in late April.

See yesterday’s letter from the SEC to Consensys counsel (PDF).

In a tweet also last night, Consensys said on X, “ETHEREUM SURVIVES THE SEC. Today we’re happy to announce a major win for Ethereum developers, technology providers, and industry participants: the Enforcement Division of the SEC has notified us that it is closing its investigation into Ethereum 2.0. This means that the SEC will not bring charges alleging that sales of ETH are securities transactions.”

Willkie Farr counsel Mike Selig reacted to the news on X, “More confirmation from SEC that ETH won’t be regulated as a security. We’ve yet to see any of the legal reasoning supporting SEC’s recent decisions on ETH but it’s clear the days of ‘everything but BTC is a security’ are over. The door to non-security crypto asset status is open.”

what you should know: The latest SEC employee departure may be directly related to the Ether token decision says Unchained’s Laura Shin. Whatever the case may be, Ether ETF final approval is probably not far behind.

campaign donation scams

In an article titled, “Crypto Scammers Are Targeting Trump’s MAGA Supporters,” Wired reports that the recent decision by former president Donald Trump to accept cryptocurrency donations has resulted in “dozens” of new scam websites. Each purport to accept crypto donations, but – according to analytics firm NetCraft – the traits of the scam can be hard to spot.

Netcraft’s Rob Duncan tells Wired, “‘As a victim, the fact that the real campaign is using Coinbase payments rather than direct cryptocurrencies’ wouldn’t be very obvious, ‘The way it’s been advertised is “Donald Trump’s taking cryptocurrency donations…”‘” Read more in Wired.

more tips:

• • Trumped Up Crypto Scams – Criminals Deploy Trump Donation Scams (Monday) – Netcraft

U.S. mining “arms race”

U.S.-based CleanSpark has acquired five more mining facilities in Georgia to help it continue to mine more Bitcoin, according to Blockworks.  The company is in a never-ending race with all of the world’s Bitcoin miners to yield as many BTC as possible every month. Continue reading “SEC Changes Its Mind on Ethereum Token; Scams Infiltrate Crypto Campaign Donation Websites”

SEC departure

David Hirsch, who was in charge of the Securities and Exchange Commission’s (SEC) Crypto Asset and Cyber Unit in the Division of Enforcement, announced on LinkedIn yesterday he’s leaving the agency.  Among his stops at the SEC, Mr. Hirsch served from 2020-2022 as Counsel to SEC Commissioner Caroline Crenshaw (D).  No word on where he’s going next, as he concludes on LinkedIn, “While it is hard to leave an agency that has given me so much, I am very excited for the next set of challenges. I look forward to sharing more about that soon…” Read more on The Block.

more tips:

• • Mr. Hirsch did not leave for memecoin company pump[.]fun even though a tweet on X fooled some.

what you should know: This marks another recent, high profile departure from the SEC. On May 17, the SEC announced the departure of its policy director Heather Slavkin Corzo. Is there more going on at the SEC than the unending ebb and flow of movement between the public and private sector at the securities regulator? Continue reading “Another Executive Departs SEC; Trump Donations Inspiring Biden Crypto Connection”

Administration joins crypto

A representative from the Biden Administration is scheduled to join an upcoming panel discussion with Mark Cuban according to Bitcoin Magazine, yet another indication that the Administration is looking to “make nice” with crypto and its voters.

Rep. Ro Khanna (D, CA) is spearheading the effort and “is set to host a Bitcoin and blockchain roundtable in Washington D.C. in early July, according to a private email sent by Khanna’s Office,” according to Bitcoin Magazine.

Bitcoin Magazine continues, “Khanna’s Office described the upcoming meeting as ‘the most significant meeting between policymakers and innovation leaders in blockchain to date.'”

Read about it.

what you should know: Beyond enforcement-focused Treasury officials, this is as close as the Biden Administration has come to a pro-crypto stage since White House National Security Council Director Carole House was part of the White House in 2022 and took part in Consensus.

light-touch regulation

Another story about campaign donations from crypto interests was in Bloomberg on Friday.  Titled, “Crypto Titans’ $160 Million War Chest Threatens Senate Democrats,”  the piece says funds will ultimately be used to favor “light-touch regulation of the embattled industry.”  Bloomberg goes on to say that “the staggering sum makes the crypto industry one of the most influential players in federal campaign finance,” though it doesn’t say where other industries land on the campaign finance leaderboard. Read more. Continue reading “Rep. Khanna Brings Biden Administration To Digital Assets Stage; More Campaign Funds For ‘Light Touch Regulation’”

Senate hearing – CFTC and SEC

Commodity Futures Trading Commission (CFTC) Chair Rostin Behnam and Securities and Exchange Commission (SEC) Chair Gary Gensler appeared simultaneously at yesterday’s Senate Appropriations Subcommittee on Financial Services and General Government hearing on their respective 2025 budgets. See the hearing page.

Sen. Chris Van Hollen (D, MD) – the Subcommittee Chair – and Sen. Bill Hagerty (R, TN) – the Ranking Member – oversaw the one-and-a-half hour hearing.

Senate hearing – prepared testimony

With 12 mentions of “digital assets” in his prepared testimony, CFTC Chair Behnam made clear he’s still angling for the spot market controls he’s long-desired for his agency over digital assets. He said in part, “The lack of legislation addressing the regulatory gap over the digital commodity asset spot market has not hindered the public’s enthusiasm for digital assets, and I continue to believe Congress must act…” Read Chair Behnam’s prepared testimony.

In his opening statement, SEC Chair Gensler focused less directly on digital assets but repeated his claim that crypto markets were “the Wild West” and represent a dearth of compliance with the law. Read the Chair’s opening remarks  – and read his prepared testimony here. Continue reading “Senate Hearing Pits SEC Against CFTC; CFTC Commissioners Tapped By White House”

Democratic anon speaks

In a New York Magazine feature article titled, “Are Democrats Pivoting on Crypto?,” the seeming transformation of Democrats – and Dem leadership, particular – is covered in depth.

An anonymous Democratic source shares frustration with NY Mag’s Jen Wieczner: “The approach that both [SEC Chair] Gary Gensler and [Senator] Elizabeth Warren (D, MA) have advocated, refusing to regulate the technology on the grounds that that will be the best way to kill the technology, no longer makes any sense – it’s a failed policy. (…) Based on our polling, there are millions of voters who are going to vote against Joe Biden on the basis of Gary Gensler’s approach on this issue. With democracy on the line, that’s just a phenomenally irresponsible approach to take.” Read more.

what you should know: Would a quick pull-back of the SEC’s SAB 121 by Chair Gensler save the day for Dems? The policy chasm that Dems must cross to get that “pro-crypto” voter may be too large. The question remains… are their enough single issue voters on crypto to tip the election?

stablecoin issuer invests

CEO Paulo Ardoino of Tether Holdings – which is the issuer of the world’s largest stablecoin (USDT) backed by the U.S. dollar – said in an interview with Bloomberg yesterday that his company expects to invest more than $1 billion over the next 12 months.

Ardoino projects funds being put to work in a range of startups focusing on “alternative financial infrastructure for emerging markets, artificial intelligence and biotech — areas where it has already spent about $2 billion over the past two years.” Read more. Continue reading “Democratic Disbelief About Administration’s Stance; CFTC’s Goldsmith Romero Linked To FDIC”

crypto sanctions bill

Senator Mark Warner’s (D, VA) efforts to add his Terrorist Financing Prevention Act [S.3441], which includes crypto sanctions, into a Senate Intelligence must-pass is receiving more attention from industry this week.

Speaking to CoinDesk’s Jesse Hamilton by email about the crypto sanctions elements of the bill, Digital Chamber’s Cody Carbone says, “We’ve chatted with Warner staff on this, and they’re open to broader engagement here from industry. (…) I think it likely does get zapped out of the NDAA process given the immediate pushback from the industry.” Read more.

The Senate intel bill “hitches a ride” on the NDAA must-pass explained Paradigm policy executive Alexander Grieve in a tweet last week.

more tips:

• • Is Congress softening on crypto? Not really – DL News

what you should know: Sources say that Sen. Warner may have earned the ire of committee colleagues such as “pro-crypto” Senators Kirsten Gillibrand (D, NY) and Ron Wyden (D, OR) by trying to “sneak” the bill through. This likely occurred due to the closed nature of this Committee which is staffed by people with clearances – which means they can’t talk, or won’t talk, to the rest of the Senate offices.

crypto sanctions bill – trap

Taking inspiration from the Senate Intel bill, Peter Van Valkenburgh of crypto industry association Coin Center dissects the Terrorist Financing Prevention Act and warns that the bill “threatens crypto freedom with new sanctioning powers” and needs “urgent revisions.” Continue reading “CFTC And SEC Chairs To Appear At Senate Approps Hearing Thursday; Sen. Warner’s Crypto Sanctions”

crypto president

A San Francisco-based tech executive, Trevor Traina, spills some tea on the big fundraiser (led by David Sacks and Chamath Palihapitiya) last week for former President Donald Trump which raised $12 million. At the event, Trump said “he would be the crypto president,” according to Traina.

As part of the story, Reuters was able to get the first statement attributed to a White House official by name since … maybe… the Executive Order in March 2022: “The White House under [President Joe] Biden has also said that it is eager to work with Congress to develop a regulatory framework for cryptocurrencies. In a statement to Reuters, White House spokesperson Robyn Patterson said the Biden administration had supported innovation in digital assets while seeking to protect consumers from ‘risks associated with new technologies.'” Read more.

more tips:

• • Why Trump is finding new friends in Silicon Valley (June 7) – Politico
  • ‘It’s Not 2016 Anymore’: Trump Finds Friends in Silicon Valley (June 6) – The New York Times

what you should know: Patterson is maintaining the White House’s new, parallel narrative that its supportive of digital assets (as it mentioned in the veto of SAB 121 and the FIT 21 guidance). Meanwhile, proof is in the pudding. White House proxies such as Dem leadership on the House Financial Services Committee have not changed their skeptical, combative views as exhibited during last month’s FIT 21 floor debate and last week’s tokenization hearing.

Senate rumblings

Punchbowl News’ Brendan Pedersen takes an informal poll of Senate members regarding crypto legislation and finds little room on the schedule for (or interest in) a digital assets market structure bill in the current Congress. Among those polled, Senate Banking Chair Sherrod Brown (D, OH) gives his stock answer that he won’ t negotiate through the media. Continue reading “Trump Calls Himself ‘The Crypto President’; MiCA Framework Failing EU Entrepreneurs”

bringing it to the masses

Rep. French Hill (R, AR), who is vice chair of House Financial Services Committee, appeared on Fox Business’ “Mornings with Maria” yesterday and discussed the latest digital assets legislation including CBDCs and the “Financial Innovation and Technology Act for the 21st Century Act” -or, FIT 21.

Rep. Hill told the hosts, “…the private sector should lead here. Private sector stablecoins using the dollar as the backing – which is another bill we have in Congress that’s pending – will be the gateway to a digital asset future where the Dollar continues to lead the world in tokenized transactions for payments.”

He continued, “And so a dollar-backed stablecoin bill, plus a nationwide privacy bill, plus FIT 21 create the kind of ecosystem, I think, that’s perfect for innovators here, to bring money here, bring technology here and, as I say, give consumers choice.” See a bit more of the interview.

moving/expanding overseas

U.S. financial services company Robinhood has upped the ante for its crypto strategy in spite of receiving a Wells Notice from the SEC over cryptocurrency traded on its platform just a month ago.

Yesterday, the company announced its large purchase ever: a $200 million acquisition of crypto exchange Bitstamp whose jurisdictions of interest are mainly outside the U.S. According to a company release: “This acquisition will bring Bitstamp’s globally-scaled crypto exchange to Robinhood, with retail and institutional customers across the EU, UK, US and Asia. This strategic combination better positions Robinhood to expand outside of the US and will bring a trusted and reputable institutional business to Robinhood.” Read more. Continue reading “Robinhood Buys Overseas Crypto Exchange Bitstamp; Proselytizing To The Masses”