As a seasoned analyst with years of experience navigating the complex world of financial regulations and digital assets, I find the ongoing debate over the classification of cryptocurrencies as securities or commodities to be a fascinating and crucial discussion. The recent exchange between Ripple’s CTO, David Schwartz, and an X user has added another layer to this intricate puzzle.
In a recent conversation about X, the argument over whether cryptocurrencies like Bitcoin should be categorized as securities or commodities was the main focus. A user of X proposed that Bitcoin could potentially be classified as a security, which sparked a reply from Ripple‘s technical head, who clarified what defines a commodity.
Schwartz, known for his active engagement in crypto-related discussions, responded by highlighting a key aspect of what differentiates commodities from securities.
As a researcher, I’ve observed that every commodity owner shares a mutual desire to see the value of their possession rise. However, this shared interest doesn’t automatically constitute a common *enterprise*, which is essential for investment contracts. Every individual acting according to their own discretion isn’t considered a common enterprise.
— David “JoelKatz” Schwartz (@JoelKatz) July 30, 2024
“It’s beneficial for everyone who owns a commodity if its value rises, but owning a commodity and wanting it to grow isn’t the same as being part of a joint business venture. Each person acting independently based on their own interests doesn’t constitute a shared business endeavor.”
This suggestion touched on the longstanding debate about whether certain cryptocurrencies should be regulated as securities or commodities. The distinction is crucial because it determines how these assets are regulated and what requirements they must meet.
Recent developments in crypto regulation
Rostin Behnam, the leader of the U.S. Commodity Futures Trading Commission (CFTC), has recently stated that Bitcoin and Ethereum are classified as commodities. This assertion was based on a July 3 court ruling in a $120 million Ponzi scheme case involving an individual from Oregon, where a judge in Illinois declared these assets as falling under the category of commodities.
Recently, on July 30th, the SEC chose to comply with the court’s instruction to revise its lawsuit by modifying its complaint regarding the definition of “Third Party Crypto Asset Securities,” following Binance‘s request to have their motion to dismiss dismissed.
In the Binance lawsuit, the Securities and Exchange Commission (SEC) contended that digital currencies such as Solana, Cardano, and Polygon were classified as securities. This classification eliminated the necessity for the SEC to make a decision about the adequacy of the allegations regarding these tokens in this particular case at the moment.
In July, Judge Analisa Torres ruled that the sale of XRP to individual investors through exchanges was not classified as an investment contract, a decision seen by many as a potential setback for the Securities and Exchange Commission’s authority over such transactions.
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2024-07-31 18:20