In March, an update on the Ethereum Foundation’s GitHub repository revealed that the organization was under investigation by an unnamed “state authority.” After the discovery, Fortune reported that the SEC pursued an “energetic legal campaign” to classify Ethereum as a security.
Uncertainty intensified after Consensys filed a lawsuit against the SEC in April. Part of the company’s effort was seeking a court ruling that would declare that Ethereum’s native token, Ether (ETH), is not a security.
FOX Business reported in late April that the SEC’s Enforcement Division, headed by Gurbir Grewal, initiated a formal investigation into Ethereum’s status as a security in March 2023. This investigation, known as “Ethereum 2.0“, explores transactions and activities associated with Ethereum dating back to 2018.
As noted, the SEC’s latest decision comes after Consensys sent a letter to the SEC arguing that the recent approval of spot Ethereum ETFs implied ETH wasn’t a security, and the SEC should close the investigation. The move likely hinged on considering ETH a commodity, much like BTC, and signifies no forthcoming legal challenges.
Despite this progress, Consensys said the quest for definitive regulatory guidelines continues, especially concerning services like MetaMask Swaps and Staking. The team is still seeking broader clarity from the SEC on crypto regulations.
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