Federal Appeals Court Critiques SEC’s Handling of Coinbase Case

A federal appeals court addressed the SEC v. Coinbase case, pending further impact evaluation. Key points include:

  • The SEC sued Coinbase in June 2023 for alleged securities violations.
  • The SEC denied Coinbase's petition for rulemaking in December, which argued that current securities laws are unsuitable for crypto regulation.
  • The court noted the SEC's response was brief and lacked sufficient reasoning.
  • Judge Bibas stated the SEC must clarify its choices regarding rulemaking versus enforcement.
  • The ruling did not mandate the SEC to initiate rulemaking but criticized its previous explanations as arbitrary.
  • Coinbase perceives this opinion as a victory, supporting its argument for clearer regulatory guidelines.
  • Judges highlighted issues with the SEC's inconsistent treatment of similar products.
  • Concerns were raised about the SEC's enforcement actions potentially harming the entire crypto industry.