The U.S. Securities and Exchange Commission must now thoroughly “explain itself” for refusing to grant Coinbase.’s formal request that the agency write regulations for how the industry should assess whether crypto assets are securities or not, according to a circuit-court ruling on Monday.
A three-judge panel for the U.S. Court of Appeals for the Third Circuit, in a legal rebuke of the securities regulator, partially sided with Coinbase’s effort to get the agency to offer legal clarity by writing crypto regulations.
“Rather than force the agency to make a rule, we order it to explain its decision not to,” one of the judges wrote. “Indeed, a rule may not prove necessary to solve the notice problems here; the agency could just state its position on crypto assets unequivocally.”
Judge Stephanos Bibas added a caution to the SEC: “It should not give yet another poor explanation in an already-long line of them.”
The legal blow for the agency — the second setback in a Coinbase-related case in less than a week — could leave an opening for its new leadership. Chair Gary Gensler, the architect of the SEC’s crypto enforcement-heavy approach in recent years, is stepping down as President-elect Donald Trump is sworn in on January 20. Trump’s chosen replacement, former Commissioner Paul Atkins, could have a chance to use this court demand to answer that, yes, his agency will change its course on crypto oversight.
Or, even sooner, an acting chairman such as sitting Commissioner Mark Uyeda, one of the agency’s two current Republican members, could be in a position to get that ball rolling while Atkins awaits a Senate confirmation process.
The Monday ruling called the SEC’s crypto actions “arbitrary and capricious,” echoing language from the D.C. Circuit Court of Appeals when it rejected the agency’s opposition to Grayscale’s application for a spot bitcoin (BTC) exchange-traded fund (ETF).
“Because we believe the SEC’s order was conclusory and insufficiently reasoned, and thus arbitrary and capric
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Author: Jesse Hamilton
