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Consensys Sues the SEC: Calls Its Authority over Ethereum “Unlawful”

source-logo  financemagnates.com 26 April 2024 02:01, UTC

Consensys, a United States-based blockchain firm, has sued the Securities and Exchange Commission (SEC) to push the regulator away from regulating the Ethereum blockchain. Filed yesterday (Thursday), the lawsuit also termed the efforts of the regulator a “campaign to seize control over the future of cryptocurrency.”

A Strategic Lawsuit

The lawsuit further argued that if the SEC continues to exert its authority over Ethereum, it would bring the blockchain to a halt, “crippling one of the internet’s greatest innovations.”

Consensys revealed that its actions against the SEC came after it received a Wells Notice on April 10, indicating that the regulator is preparing to bring enforcement actions against the company over the services of its MetaMask wallet. The company highlighted that MetaMask is not a broker and “neither holds customers’ digital assets nor carries out any transaction functions.”

Today, Consensys took an important step towards preserving access to ether and by extension the Ethereum blockchain in the U.S. We are suing the SEC and fighting back against its overzealous regulatory overreach. You can find more of my thoughts here: https://t.co/VmvOsrCxjw… https://t.co/5IubZo69FW

— Joseph Lubin (@ethereumJoseph) April 25, 2024

Clarifying Regulations

With the lawsuit, the blockchain company is seeking the Texas federal court’s ruling that Ethereum is not a security and not under the authority of the SEC. Furthermore, it needs the assurance that any investigation into the company on the premises of Ethereum as a security “would violate” its Fifth Amendment rights and the Administrative Procedures Act.

The lawsuit further seeks the ruling that MetaMask is not a broker and that the staking services offered by the platform do not violate securities laws.

“The SEC’s unlawful seizure of authority over ETH would spell disaster for the Ethereum network, and for Consensys,” the lawsuit noted.

The status of Ethereum hangs in the balance as the SEC’s Chair, Gary Gensler, earlier said that many digital currencies are unregistered securities and fall under the regulator’s purview. Bitcoin is the only cryptocurrency that the regulator considers a commodity, giving its regulatory rights to the Commodity Futures Trading Commission.

Meanwhile, Coinbase also sued the SEC over the clarification of crypto-centric rules. However, the regulator took action against a number of crypto companies over lapses in regulations and is now fighting legal battles with multiple big names like Ripple, Coinbase, and Binance.

financemagnates.com