Fox Business reporter Eleanor Terrett recently shared a significant statement from SEC Commissioner Hester Peirce regarding the SEC’s handling of cryptocurrency regulation.
The Inside Scoop Hester Peirce’s Crypto Regret
In a recent statement, Peirce admitted that she partially blames herself for how the Commission has interpreted the Howey Test. This legal framework determines whether a financial transaction qualifies as a security and, thus, falls under SEC oversight.
In her statement, Peirce reflects on her role and expresses regret that she didn’t do more to bring legal clarity to the rapidly evolving crypto space. She views the current situation as a “cautionary tale” for other regulators, emphasizing the importance of proactive and clear guidance in emerging industries like crypto. Peirce also acknowledges that there is considerable work to be done, both within the SEC and the broader crypto industry, to improve regulatory frameworks and foster a more transparent and supportive environment for innovation. Her comments underline the ongoing challenges in regulating digital assets and the need for clearer and more consistent regulatory approaches.
Gary Gensler’s Role and Tactics
Peirce’s comments come amidst ongoing efforts by SEC Chair Gary Gensler to reinterpret the Howey Test, specifically the “common enterprise” prong. Gensler’s push to potentially expand the SEC’s authority could lead to a broader classification of assets, including crypto, as securities. This shows the SEC’s manipulative and desperate tactics to suppress crypto before November.
Regulation by Enforcement: Gensler’s Aggressive Tactics
Eleanor Terrett further noted that Gensler’s “regulation by enforcement” approach remains active, even during the summer. She suggested that Gensler is rushing to take significant actions against the crypto sector before November. This urgency was highlighted by OpenSea’s recent announcement that it received a Wells notice from the SEC.
The NFT marketplace expressed shock and concern, arguing that the SEC’s actions threaten creators and artists within the industry. Terrett’s post underscores the tension between regulatory efforts and the ongoing challenges faced by the crypto industry.
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Source: https://coinpedia.org/news/hester-peirce-admits-sec-failures-in-crypto-regulation-what-this-means-for-the-future/