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Unchained

The SEC Ends Its Ethereum 2.0 Investigation, but Staking Isn't in the Clear - Ep. 665

Jun 25, 2024
Laura Brookover, a legal expert at Consensys, and Sam Enzer from Cahill Gordon & Reindel dive into the SEC's recent closure of its Ethereum 2.0 investigation. They discuss the implications for Ether’s classification and the possible political factors influencing the SEC's decision, including ETF approvals and election dynamics. The guests ponder the future of staking regulations, highlighting that this closure doesn't exempt staking from scrutiny. They also touch on how this might impact ongoing cases against major crypto players like Coinbase and Ripple.
01:14:13

Podcast summary created with Snipd AI

Quick takeaways

  • The SEC's conclusion of the Ethereum 2.0 investigation highlights the lack of clarity in applying securities laws to crypto tokens.
  • Despite the closure of the Ethereum 2.0 investigation, there is uncertainty if staking is completely safe from SEC scrutiny.

Deep dives

SEC's Lack of Clarity in Guidelines

The closure of the Ethereum 2.0 investigation by the SEC sheds light on the lack of clarity in the agency's guidelines. The podcast highlights how the SEC's ecosystem argument, used to apply securities laws to secondary sales of tokens, lacks clear rationale. The discussion reveals that the SEC's argument has created confusion, especially in cases like Ripple, Kraken, Binance, and others, where the applicability of securities laws is being questioned.

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