In a highly anticipated House committee hearing, Securities and Exchange Commission (SEC) Chairman Gary Gensler found himself in the hot seat as lawmakers grilled him on the Commission’s approach to regulating crypto.
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The Debate On Whether Bitcoin is a Security
In a recent hearing before the House Financial Services Committee, Chair Patrick McHenry, a Republican from North Carolina, sought clarity from Gensler, regarding the classification of Bitcoin. The discussion centered around whether Bitcoin should be classified as a security, invoking the well-known Howey Test as a reference point.
The Howey Test, established through a 1946 U.S. Supreme Court case plays a pivotal role in determining whether certain transactions should be considered investment contracts subject to securities laws.
During the hearing, Gensler emphasized that Bitcoin does not meet the criteria outlined in the Howey Test, implying that it should not be classified as a security. This clarification serves to dispel uncertainties surrounding the regulatory status of Bitcoin and aligns with the SEC’s stance on this cryptocurrency.
The Delay in Approving a Bitcoin ETF
Lawmakers, including Rep. Nickel, pressed Gensler on the SEC’s delay in approving a spot Bitcoin Exchange-Traded Fund (ETF). They cited a recent decision by Grayscale Investments as a reason to expedite the approval process.
Gensler stated that the agency was still considering the matter, indicating that the SEC continues to grapple with the complexities of integrating cryptocurrencies into traditional financial markets.
McHenry Threatens Subpoena and Demands Transparency
At the commencement of the hearing, McHenry made headlines by threatening Gensler with a subpoena. He accused Gensler of lacking transparency in his interactions with the bankrupt crypto exchange, FTX, and its former CEO, Sam Bankman-Fried.
McHenry’s argument centered on the need for the SEC to recognize Congress as a co-equal branch of government and adhere to its oversight duties. This display of congressional authority underscores the growing importance of regulatory oversight in the crypto space.
Ritchie Torres’ Query on Tokenized Assets
In a notable moment during the hearing, Rep. Ritchie Torres inquired whether buying a tokenized Pokemon card on a blockchain-based digital exchange would constitute a security transaction. Torres sought clarification on whether such transactions should be subject to securities laws. “I’d have to know more,” Gensler said.
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