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USA Herald January 13, 2024 3 mins read

SEC’s Crypto Policy Shift: What Lies Beyond Bitcoin ETFs?

USA Herald ı By Rochdi Rais

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SEC's Crypto Policy Shift: What Lies Beyond Bitcoin ETFs?

A New Chapter Unfolds

In a surprising twist, the U.S. Securities and Exchange Commission (SEC) has pivoted from its longstanding opposition to exchange-traded funds (ETFs) holding spot Bitcoin. This landmark decision, unveiled on Jan. 10, has sent shockwaves through the crypto space, leaving enthusiasts wondering if it signals a broader shift in the regulator's stance.

The Ripple Effect: Progress or Ploy?

The SEC's nod for 11 Bitcoin ETFs to enter the trading arena is being hailed as a turning point, potentially easing the path for traditional investors to embrace Bitcoin. After more than a decade of resistance, the SEC succumbed to the pressure, forced to either greenlight or reject the products. This decision raises questions about the agency's future approach to crypto and its potential impact on other digital assets.

Crypto Critics Unfazed

Despite the ETF approval, SEC Chair Gary Gensler remains a vocal critic of the digital asset industry. In a 3-2 vote, he greenlit the products but reiterated that the commission neither "approved nor endorsed Bitcoin." Gensler's skepticism persists, painting Bitcoin as a speculative, volatile asset prone to illicit activities.

Martin Auerbach of Withers emphasizes that Gensler's approval doesn't signify a change of heart. Gensler's ongoing wariness towards crypto indicates a continued search for reasons to deny rather than approve, as per Auerbach.

What's next for SEC crypto polic: Enforcement Shadows Linger

Gensler's statement hints that the ETF approval doesn't translate to a relaxation of enforcement against crypto firms. The spotlight remains on Coinbase, the custodian for eight of the approved ETFs, currently facing a registration suit from the SEC. Gensler asserts that the approval doesn't endorse crypto trading platforms, leaving the fate of enforcement cases hanging in the balance.

What's next for SEC crypto polic: The Ethereum Conundrum

As the crypto world eagerly awaits the SEC's next move, attention turns to Ethereum. The deadline in May looms for an ETF holding ether, Ethereum's underlying token. Experts believe ether is the next in line for an ETF, yet the SEC's silence on its status poses a hurdle.

Joseph Hall, a capital markets attorney, highlights the potential barriers, emphasizing that the SEC's concerns about market manipulation need resolution. The correlation between spot and futures markets that eased Bitcoin ETF approval could pave the way for an ether product.

What's next for SEC crypto polic: Beyond Bitcoin and Ether

While Ethereum remains in focus, skepticism abounds about the fate of other crypto tokens. Sam Dibble of Baker Botts LLP suggests that, beyond Bitcoin and Ether, the SEC sees most digital assets as unregistered securities. The volatile nature of these tokens and their dependence on Bitcoin and Ether's value fluctuations raise doubts about their regulatory approval.

Conclusion: A Shifting Landscape

As the crypto saga unfolds, the SEC's about-face on Bitcoin ETFs raises more questions than answers. The path forward remains uncertain, with enthusiasts, critics, and industry players watching closely for the next move in this high-stakes regulatory chess game.

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Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

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