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The SEC has Ethereum in its crosshairs. But does the agency think Ether is a security?

BlockChainGuardian Staff

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The SEC has Ethereum in its crosshairs.  But does the agency think Ether is a security?

For weeks, speculation has been growing that the Securities and Exchange Commission is preparing to cross the crypto Rubicon and declare Ethereum, the second-largest cryptocurrency, a security. As the deadline for a decision on spot Ether ETFs approaches, the move appears to be the last option for an agency seemingly determined to find reasons to reject crypto products, even though previous high-ranking staffers had argued that Ether was a commodity and out of his wheelhouse. The implications would be catastrophic for the entire crypto industry, with even stalwarts like loyalty offering trading services for Ether.

Confirmation appears to have come last Thursday when Consensys, one of Ethereum’s early developers and the company behind the popular MetaMask wallet –deposit a lawsuit against the SEC, revealing that it received a Wells Notice and was the subject of a year-long investigation into the security state of Ethereum. And then, on Monday, Consensys refiled its complaint, removing some sections that suggested the SEC officially believed Ether was a security. The compelling evidence, it turned out, was a formal order to initiate an investigation, signed by Enforcement Director Gurbir Grewal in April 2023, into possible offers and sales of “certain securities, including including, but not limited to, ETH.”

The long-awaited evidence was explosive. SEC Chairman Gary Gensler refused to take a position on Ether’s security status, including during questioning from House Financial Services Committee Chairman Patrick McHenry (R-N.C.) , just a few days after the formal secret order, as well as when I interviewed him last November. Despite this lack of clarity, the SEC authorized the launch Ether futures ETFs last October, implying that Ether is not an unregistered security. Additionally, despite launching a number of lawsuits against crypto companies since April 2023, the agency has never named Ether as collateral in its complaints. Predictably, the revelation sparked the ire of the crypto industry and beyond, with McHenry Tweeter that Gensler “knowingly misled Congress.”

The whole situation seemed strange, even by the bizarre standards of the SEC versus crypto war, where reality is often obscured behind layers of bluster and exaggerations. Why would the SEC privately take such an inflammatory stance and share it with one of its main targets, while publicly contradicting itself?

Part of the confusion arises from the importance of a formal order which, according to the SEC, application manual, commission staff plans must be reviewed by the Director of Law Enforcement and are the necessary first step in an investigation that authorizes staff to subpoena witnesses and collect evidence. As Lowenstein Sandler partner Christopher Gerold confirmed, formal orders are not “conclusive,” meaning they do not represent legal conclusions. Rather, it would be part of a Wells notice, which notifies potential defendants of the conclusion of an investigation.

In other words, just because the formal order appears to indicate that the SEC considers ETH to be a security at the start of the investigation does not mean that is the agency’s official position . This would also provide a more generous explanation for why Gensler did not take a position on the status of ETH in April 2023 – this was early in the investigation, with the agency deciding whether it would deviate from the point of view of previous commissions. And, according to a person close to it, the Wells notice received by Consensys last April contained no mention that ETH was a security.

Of course, this could change if and when the SEC files a lawsuit against Consensys, which will focus on MetaMask’s status as an unregistered broker, as well as its staking products. The complaint could very well name ETH as one of the unregistered securities offered by MetaMask. And, as Lee Reiners, a professor at the Duke Financial Economics Center, told me, all indications are that the SEC is designating ETH as an unregistered security to justify rejecting Ether ETFs.

Yet, contrary to popular opinion in the crypto industry, the agency has yet to take a position. “It is premature and inaccurate to claim that the SEC has decided anything at this point,” Reiners said. But don’t be surprised if we finally get an answer in the coming weeks.

Leo Schwartz
[email protected]
@leomschwartz

DECENTRALIZED NEWS

Binance founder and former CEO Changpeng “CZ”Zhao was sentenced Tuesday to four months in federal prison for money laundering violations, despite prosecutors’ request for 36 months. (Fortune)

New York Department of Financial Services Superintendent Adrienne Harris played a key role in convincing Senate Majority Leader Chuck Schumer (D-N.Y.) to support stablecoin legislation. (Policy)

black rock led a strategic funding round of $47 million Securitizethe blockchain company that helped launch its tokenized fund, BUILD. (Fortune)

Argentinians are recruiting friends and strangers to sign up for eye-scanning crypto startup World Currency and earn cryptocurrency. (Rest of the world)

Prosecutors charged former crypto advocate Roger “Bitcoin Jesus” Ver with charges for mail fraud and tax evasion. (Fortune)

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Ethereum

Ethereum (ETH) Whales Are Getting Incredibly Bullish: Details

BlockChainGuardian Staff

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Ethereum (ETH) Whales Are Getting Incredibly Bullish: Details

Cover image via www.freepik.com

Disclaimer: The opinions expressed by our editors are their own and do not represent the views of U.Today. The financial and market information provided on U.Today is intended for informational purposes only. U.Today is not responsible for any financial loss incurred while trading cryptocurrencies. Do your own research by contacting financial experts before making any investment decisions. We believe all content to be accurate as of the date of publication, but some offers mentioned may no longer be available.

Ethereum (ETH) Whales are making major moves in the cryptocurrency market, suggesting strong bullish sentiment despite short-term price volatility. According to crypto analyst Ali Martinez, these big investors have accumulated over 126,000 ETH in the last 48 hours, or about $440 million.

In a tweet, Ali wrote: “Ethereum whales have accumulated over 126,000 ETH in the last 48 hours, worth around $440 million.”

According to CryptoQuant CEO Ki-Young-JuWhales may be preparing for the next move in the market. Ju wrote in a tweet that “whales may be preparing for the next rally in altcoins.” He noted that the volume of limit buy orders for altcoins, excluding Bitcoin and Ethereum, is increasing, indicating that strong buy walls are being put in place.

Ethereum’s recent developments, including the recent launch of Ethereum spot ETFs in the US, appear to have increased its appeal among large holders, known as crypto whales. Ethereum recently celebrated nine years since its inception, and as the ETH network continues to evolve, it is likely to attract more institutional interest.

Related

Ethereum (ETH) Surges 449% on Surprising Whale Activity Amid Market Drawdown

According to data from Farside Investors, fund flows into U.S.-listed Ethereum spot exchange-traded funds turned net positive daily for the first time since their inception on July 31, primarily due to a decrease in outflows from the Grayscale Ethereum Trust.

Ethereum Price Drops Due to Market Crash

Bitcoin and Ethereum, along with the majority of other crypto assets, appear to be underperforming during Thursday’s trading session.

According to CoinMarketCap dataAt the time of writing, Bitcoin’s price was $64,034, down 2.77% from the previous day. Ethereum’s price is down 4.21% from $3,175, where it was 24 hours ago. Several cryptocurrencies were posting larger losses; Solana’s Dogwifhat was down 12% in the past 24 hours, and PEPE was down 7% in the same period.

According to CoinGlass, price followers have led to the liquidation of $225 million worth of derivatives contracts over the past day.

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Ethereum

Ethereum (ETH) Price Hits $50,000? Target Updated by Analyst

BlockChainGuardian Staff

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Ethereum (ETH) Price Hits $50,000? Target Updated by Analyst

Extreme skepticism from Ethereum (ETH) detractors has prompted a veteran researcher to double down on Ether

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Ethereum (ETH) proponent and AI enthusiast Adriano Feria has presented an extremely optimistic Ether price prediction. After the reaction of skeptics, he reconsidered the target, increasing it by 100%. His views are aligned with those of major institutional players, according to recent data.

Ethereum (ETH) bullish hypothesis should get us there: researcher

Ethereum (ETH) could hit $50,000 early in the current cryptocurrency market cycle. At the same time, a “bullish scenario” could push the price of the second-largest cryptocurrency to six-digit values, Web3 and AI educator Adriano Feria told X.

In a tweet shared with his 14,000 followers, Feria stressed that he is confident in the promising prospects of Ethereum (ETH) despite the massive wave of hatred against Crypto X. The doubters will regret their skepticism, the researcher admits:

If you hold ETH today, you are truly part of the global elite, because the bullish scenario for ETH should take us to $100,000. You think this is a joke, but there are real financial institutions around the world that have set bullish targets that are close to this. And no, this is not a joke.

Three days ago, he “increased” the $28,000 per ETH prediction published by Eric Conner, a veteran of the Ethereum (ETH) ecosystem and co-author of EIP 1559.

These ultra-bullish statements come amid growing disbelief triggered by ETH’s weak short-term performance.

The second-largest cryptocurrency failed to take off following the launch of the Ether ETF in the United States. At press time, Ethereum (ETH) was trading at $3,311, down nearly 6% from the local peak set after the ETF launched on July 23.

Insane BTC and ETH Price Predictions Released Every Day

As previously reported by U.Today, in February, Feria noted the rapid increase in popularity of ETH staking based on on-chain data.

In recent days, more and more analysts are sharing incredibly high predictions for Bitcoin (BTC) and Ethereum (ETH), the two largest cryptocurrencies.

For example, US asset management heavyweight VanEck has suggested two scenarios for the price of BTC in 2050.

The most optimistic scenario sees BTC surpassing $52 million per coin, while the $2.9 million mark is considered a “baseline” scenario by VanEck.

About the Author

Blockchain analyst and writer with a scientific background. 6+ years in computer analysis, 3+ years in blockchain.

I have worked in independent analysis as well as in start-ups (Swap.online, Monoreto, Attic Lab etc.)

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Ethereum

Lloyd’s of London-backed insurance policies can now be paid in crypto on Ethereum

BlockChainGuardian Staff

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Lloyd's of London-backed insurance policies can now be paid in crypto on Ethereum

Lloyd’s of London, the three-century-old insurance marketplace, is supporting digital asset protection policies curated on the Ethereum public blockchain that can be paid for natively, on-chain, using cryptocurrency, through Lloyd’s Coverholder Evertas and smart contract insurance provider Nayms.

Not so long ago, any kind of cryptocurrency insurance coverage Finding solutions was difficult. Aside from the efficiency benefits of paying for insurance policies in cryptocurrency and using blockchain to streamline the burdensome paperwork of intermediaries, a consortium of Lloyd’s of London syndicates backing cryptocurrency-native, on-chain insurance shows how far the industry has come in the last two years.

“We’re enabling people using public blockchain infrastructure to interact with traditional, highly regulated, fiat-backed institutions in a transparent way,” Evertas CEO J. Gdanski said in an interview. “Whether it’s paying in USDC or native cryptocurrency, or placing policies entirely on-chain with blockchain helping coordinate between a broker, the policyholder, and insurers, we believe this is a foundational infrastructure.”

Nayms, a digital marketplace where brokers and underwriters connect with crypto capital investment, is a play on Lloyd’s “names,” the collection of individuals and companies that underwrite risks in the historic insurance market.

“The native cryptocurrency expertise we bring to the underwriting process gives us a deep understanding of the risks we insure,” Nick Selby, the company’s head of European underwriting, said in an interview. “It means we’re very explicit about what we do and don’t cover, and we can pay insured claims faster than anyone else.”

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Ethereum

10 Years of Crypto Innovations! Here’s How Buterin Sees the Future of Ethereum!

BlockChainGuardian Staff

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10 Years of Crypto Innovations! Here’s How Buterin Sees the Future of Ethereum!

2h45 ▪ 3 min read ▪ by Eddy S.

At the EDCON2024 conference, Vitalik Buterin unveiled the future directions of Ethereum, with a focus on innovative application development and wallet security. He presented promising projects and innovative ideas to improve privacy and accessibility for cryptocurrency users.

Ethereum’s new innovations by Vitalik Buterin!

Vitalik Buterin delivered a key speech on the future of Ethereum in the next ten years. He stressed that the priority of the crypto blockchain will now be to develop applications. Some of the already successful applications include decentralized finance (DeFi), decentralized identities (DID) with the Ethereum Name Service (ENS), DAOs and NFTs.

Vitalik also highlighted several promising projects. These include the prediction market Polymarket, the social media aggregator Firefly, the wallet Daimo, and the voting tool Rarimo. These applications illustrate the diversity and potential of Ethereum-based technologies to transform various sectors of crypto.

Vitalik also proposed several innovative ideas to improve the security and accessibility of Ethereum wallets. One of his proposals is to encrypt the private key directly into the cell phone’s chip! Thus turning the phone into a secure crypto wallet. Another idea is to place part of the private key in a regulatory-compliant custodial institution, thus providing an additional layer of security.

Vitalik also mentioned the use of zero-knowledge (ZK) proof technology to link KYC information to the wallet. This approach would ensure the privacy of cryptocurrency users while meeting regulatory requirements.

Security and Privacy: Two Requirements for Cryptocurrency Users

These proposals aim to improve the security and privacy of cryptocurrency users while facilitating the adoption of the technology by a wider audience. By combining technological innovations with practical applications, Ethereum continues to position itself as a leader in the cryptocurrency and blockchain ecosystem.

Vitalik Buterin’s speech highlighted Ethereum’s many advancements and future prospects. With a focus on application development and innovative proposals for crypto wallet security, Ethereum is well-positioned to continue to grow and innovate in the years to come.

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Eddy S.

The world is changing and adaptation is the best weapon to survive in this undulating universe. Originally a crypto community manager, I am interested in everything that is closely or remotely related to blockchain and its derivatives. To share my experience and promote a field that fascinates me, there is nothing better than writing informative and relaxed articles.

DISCLAIMER

The views, thoughts and opinions expressed in this article are solely those of the author and should not be considered investment advice. Do your own research before making any investment decision.



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