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Cryptocurrency News Articles

States Challenge SEC Over Crypto Regulation Authority

Nov 16, 2024 at 06:05 pm

18 U.S. states are suing the Securities and Exchange Commission (SEC), its commissioners, and SEC Chair Gary Gensler, claiming the agency's crypto regulation enforcement is overreaching and unconstitutional.

States Challenge SEC Over Crypto Regulation Authority

Eighteen U.S. states are suing the Securities and Exchange Commission (SEC), its commissioners, and SEC Chair Gary Gensler over the agency's crypto regulation enforcement, which they claim is overreaching and unconstitutional.

The states allege that the SEC's regulatory actions impinge on their prerogatives to oversee local economic policy to the detriment of their economies.

This marks a significant escalation in tensions between federal regulators and state governments over digital asset regulations.

Citing the SEC's actions as being way beyond its authority, the states allege that the SEC has overstepped its boundaries.

They say the SEC's enforcement actions, which they claim were not authorized by Congress, disrupt economic activity and innovation within state borders.

Those states, which include Ohio, Kentucky, Texas, and West Virginia, contend that these actions hinder the growth of the crypto industry, which many see as essential to future economic development.

Moreover, state officials believe that federal securities laws applied to digital assets must be updated to serve the unique characteristics of the crypto market and that state-level regulations would better protect consumers.

The lawsuit argues that states must be left to regulate the sector themselves.

The lawsuit comes amid growing criticism from the cryptocurrency sector, which views the SEC's regulatory approach as unclear.

Industry leaders have long been concerned that the SEC's ramped-up actions are stifling innovation and threatening the U.S.'s ability to remain at the forefront of global digital finance.

They say the SEC's actions are harming the industry and consumers. The plaintiffs allege that the SEC lacks clear crypto regulation guidelines in its approach to the business.

Critics say the SEC has not yet issued a formal rule defining cryptocurrencies as a security, leaving a regulatory gray zone.

According to them, this lack of clarity burdens digital asset businesses, making them less innovative. Some of them are also moving to other countries with a more favorable climate.

The states push back against the SEC tactics, saying clear guidelines would help the industry and consumers.

The crypto industry has often highlighted the promotion of digital assets in economic terms, and the need for regulatory frameworks that support the crypto industry is emphasized in many ways.

Thus, the lawsuit asks the federal authorities to clarify their positions and engage in discussions with state officials to have a more even-handed approach.

Rumors of SEC Chair Resignation Swirl

Amid the increasing pressure, SEC Chair Gary Gensler has been rumored to be considering resigning from his post.

Experts believe a change in leadership might lead to more productive discussions about digital asset regulation and could potentially minimize conflicts between federal and state authorities.

In multiple arguments dating back several years, Gensler has maintained that most crypto should fall within the SEC's purview as securities.

His reluctance to issue formal rules has drawn criticism from both industry leaders and government officials.

In recent remarks, Gensler has pledged to protect investors while being criticized by those who say agency actions undermine innovation and state sovereignty.

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