Yesterday, the U.S. Securities and Exchange Commission (SEC) took a legal blow in its legal battle with Coinbase. According to shared reports, U.S. Court of Appeals for the Third Circuit ruled in favor of the exchange after questioning the SEC’s decision to deny Coinbase’s request for a clear rule on digital asset regulations.
The court said that the SEC’s reasoning was “arbitrary and capricious” and told the agency to give a better explanation. This ruling adds to the SEC’s increasing number of losses in recent crypto-related cases. Coinbase’s battle with the SEC started in 2022 when the exchange asked the agency to clarify when digital assets would be considered as securities. This is a very important question that the crypto space in general would like to know.
Back in 2023, SEC turned down the request saying there was not enough reason to make specific rules. But the court disagreed, saying the SEC’s response didn’t have enough good reasons. Judge Thomas Ambro said the SEC’s decision was “conclusory,” which means it didn’t give enough details. SEC Judge Stephanos Bibas also warned that the SEC’s method of strict enforcement without clear rules could unfairly affect the whole crypto industry.
The court didn’t tell the SEC to create new regulations, instead it ordered the agency to clarify its stance on digital assets. This ruling is one of the issues the crypto space has against the agency which has been criticized for its “regulation by enforcement”
Meanwhile, this approach makes things unclear and uncertain for businesses in the crypto space because they do not know what rules to follow. Paul Grewal, Coinbase’s Chief Legal Officer, was happy about the ruling. In a tweet, he wrote, “We just won our petition for a writ of mandamus at the Third Circuit rebuking the SEC for its order denying our rulemaking petition.” He also pointed out that the court’s decision showed that the SEC didn’t give enough reasons for what it did.
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