Coinbase has filed an interlocutory appeal against the SEC, accusing the Commission of bypassing the Howey test

Coinbase filed an interlocutory appeal against the SEC for skipping the Howey test for securities

Coinbase filed an interlocutory appeal against the SEC for skipping the Howey test for securities. Recent legislation, notably FIT21, shows the US SEC’s overreach, the exchange says.

Coinbase’s Chief Legal Officer, Paul Grewal, called for clear laws and blasted the SEC’s inconsistencies. Coinbase is using congressional politics to influence its SEC appeal.

Coinbase said the SEC “side-stepped” the Howey test in a May 24 court filing. The crypto sector and SEC have disagreed on applying this criterion to digital assets for years.

Grewal outlined the main issue: whether the SEC may regulate bitcoin transactions as “investment contracts” without contractual duties. He cited the SEC’s inconsistencies and Ripple’s appeal. He noted the SEC’s history of uncooperation with crypto sector leaders and the relevance of this unresolved legal problem.

We really asked the SEC to explore a US crypto innovation regulatory framework from the outset. We experienced slammed doors, moving roles, and lawsuits, like most of the sector “Grewal says.

Recent legislative developments may undermine the SEC’s jurisdiction over the developing sector, Coinbase observed. Last week, the US House enacted the Financial Innovation and Technology for the 21st Century Act (FIT21), which may give the CFTC new regulatory authority.

SEC Chair Gary Gensler opposes this crypto market oversight law, but industry stakeholders embrace it.

“Legislators’ disagreement with the SEC’s position has deepened: just this week, the House approved comprehensive digital asset legislation that would deny the SEC the expansive jurisdiction it claims,” said Coinbase.

Grewal called this a constructive political change and a step toward greater regulatory control. He reaffirmed Coinbase’s commitment to industry transparency and regulatory restraint.

“Earlier this week, the House recognized the need for clear rules, and we want clarity in the courts. No matter how long it takes to clarify the sector and fight overbearing regulators, we will finish this. Grewal claimed 52 million crypto-owning Americans deserve it.

FIT21’s approval is key in the crypto industry-SEC conflict. The measure tries to clarify up digital asset regulation by moving some jurisdiction from the SEC to the CFTC. This measure is intended to balance and regulate the developing crypto market.

Coinbase’s petition and Congressional backing show crypto industry-regulator tensions rising. Increasing legislative support is helping the industry’s fight for clear and fair rules.

The SEC’s Ripple appeal and Howey test treatment in other crypto instances demonstrate the need for regulatory clarification. The crypto sector claims the SEC’s uneven stance stifles innovation.

Recent Congressional actions, notably FIT21’s approval, suggest a change in digital asset regulation. This move might clarify regulations, helping the business and investors.

Coinbase’s fight against the SEC’s overreach underscores the industry’s dedication to fair regulation. The crypto world will observe Coinbase’s appeal and FIT21’s influence throughout the struggle.

Last week, Coinbase exchange consumers expressed their frustration with the exchange frequent disruptions. Borovik’s statement mirrors a prevalent sentiment: Coinbase’s exchange customers anticipate greater dependability.


I am an avid crypto and blockchain content writer with over 3-years of experience. I am open to writing your PR, blog, news articles, and other crypto-related content anytime.