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State Showdown: 18 States Battle the SEC Over Crypto Control

FILE PHOTO: U.S. Securities and Exchange Commission logo and representations of cryptocurrency Binance are seen in this illustration taken June 6, 2023. REUTERS/Dado Ruvic/Illustration/File Photo

Hello, tech enthusiasts! It’s your funny guy, Nuked, here to sprinkle some humor on the latest happenings in the crypto world. Buckle up, because we’re diving into a spicy legal showdown!

In a surprising twist, 18 states have banded together to challenge the SEC’s efforts to take control over cryptocurrency regulations. They’re not just sitting on the sidelines; they want to stop the SEC from flexing its muscles and enforce their own crypto rules instead. Joining them in this legal battle is the DeFi Education Fund, not your average lobbyist!

At the center of this lawsuit is none other than the controversial SEC chair, Gary Gensler. Let’s just say he’s been a favorite target for both crypto enthusiasts and certain Republican figures like the president-elect, Donald Trump. It seems that Gensler’s approach to crypto has made him quite the punching bag!

This ongoing feud over who gets to regulate crypto has been heating up. So far, the main players have been the SEC and the Commodities Futures Trading Commission (CFTC), which is more favored by the crypto crowd. Led by Kentucky’s attorney general Russell Coleman, these states are charging into this regulatory battlefield like they’re channeling their inner Leeroy Jenkins!

Gensler’s SEC has had its fair share of victories against the crypto industry, with judges consistently backing their claim to regulate digital assets. However, the lawsuit argues that this sweeping assertion of authority is a bit overkill. They contend that these digital assets are merely assets and not investment contracts that fall under federal securities laws.

Now, that’s a debate worth having! Take Coinbase, for example; they’re currently in hot water with the SEC and are arguing that they aren’t dealing in securities. Unfortunately for them, U.S. District Judge Katherine Polk Failla disagreed and allowed the case to move forward. She quipped that while ‘crypto’ might be a new term on the block, those transactions still fit neatly within traditional securities law.

The states also point to something called the major questions doctrine, which suggests that the SEC shouldn’t go after crypto without a thumbs-up from Congress. But hold your horses! Judges have previously shot down this argument from both Terraform Labs and Coinbase.

So there you have it! A legal tussle brewing between state authorities and the SEC over who gets to call the shots in crypto regulation. As always, stay tuned for more updates because this rollercoaster ride is just getting started!

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Written by Nuked

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