Ripple’s Top Lawyer Has Questions After SEC’s Ethereum U-Turn

As an analyst with a background in law and experience in the cryptocurrency industry, I find Stuart Alderoty’s perspective on the SEC’s decision to drop its investigation into Ethereum intriguing. While the news may be seen as a victory for Consensys and the Ethereum community, Alderoty rightly raises valid concerns about the legal status of Ether and Consensus’ offers and sales of the token.


Stuart Alderoty, Ripple‘s leading legal representative, is left with unanswered queries following the sudden termination of the SEC’s probe into Ethereum.

As a researcher examining Alderoty’s perspective on the SEC’s ruling regarding Consensys and the Ether token, I acknowledge that he views this decision as a significant victory for the Ethereum studio. However, I share his uncertainty about whether this means that Consensys’ token sales do not qualify as securities offerings under the Howey Test. Furthermore, I concur with Alderoty that the legal classification of Ether itself is still uncertain and ambiguous.

According to U.Today’s report, SEC Chairman Gary Gensler has consistently declined to provide clarity on whether Ether token qualifies as an unregistered security. With the sudden termination of the SEC’s investigation into Consensys, it remains uncertain how Gensler would respond to this query.

In April, Consensys, a significant supporter of Ethereum, initiated a legal action against the Securities and Exchange Commission (SEC) following a Wells notice signaling impending regulatory enforcement. The company argued that the SEC’s actions were reckless and harmful to market participants and developers by attempting to classify Ether as a security. Furthermore, Consensys defended its widely-used MetaMask wallet against the SEC’s allegations, asserting that they had not breached securities laws by functioning as an unregistered broker-dealer.

As an analyst, I was taken by surprise when the Securities and Exchange Commission (SEC) announced that they would not be pursuing an enforcement action against the Ethereum token. Consequently, the token’s price surged earlier in the week as a result of this unexpected development.

However, the status of Metamask and staking remains unclear, according to Alderoty.  

As a crypto investor, I’m elated by this development and consider it a hard-earned victory for Ethereum and the broader cryptocurrency community. This decision underscores the robustness of decentralized technology and the relentless drive of innovators in our space. However, it’s crucial to remember that our battle for a regulatory environment that supports and nurtures the growth of crypto is far from over. Let’s keep pushing forward!

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2024-06-20 09:13