SEC Is Acting Unfairly Against Crypto Firms Says US Chamber of Commerce

The United States Chamber of Commerce has filed a brief criticizing the Securities and Exchange Commission’s (SEC) actions against crypto companies.

1/ BREAKING: The U.S. Chamber of Commerce has just filed a brief in the @Coinbase v. SEC case, calling out the SEC for acting “unlawfully” in the digital asset space.

This is The U.S. Chamber of Commerce–not the Chamber of Digital Commerce.

This is a Big Deal.

Here’s why…

— MetaLawMan (@MetaLawMan) May 11, 2023

The Chamber of Commerce Criticizes The SEC

The Chamber of Commerce is the world’s largest business federation, representing around 3,000 businesses in the country.

While it has a broad membership across various industries, its involvement in the Coinbase vs. SEC case reflects the significant impact of the regulator’s approach to digital assets and companies under the United States securities laws.

In the brief, the Chamber emphasizes its role in representing the interests of its members before Congress, the Executive Branch, and federal courts. It regularly files amicus curiae briefs in cases that raise issues of concern to the business community.

Their filing starts by highlighting the lack of clarity surrounding digital assets and their classification as “securities” under federal law. This uncertainty has far-reaching implications for the digital asset economy valued at over $1 trillion.

Despite the size of the crypto markets and its future valuation, the SEC has failed to guide firms. Instead, it continues issuing enforcement actions and confusing and inconsistent public statements.

The Chamber argues that the SEC’s refusal to engage in rulemaking or establish a systematic process undermines due process, administrative law, and good governance.

Key Arguments

The Chamber presents three key arguments in its brief.

First, it asserts that regulatory uncertainty stifles innovation in the United States. Without clear guidelines on which digital assets are considered securities, businesses hesitate to explore technologies that hamper growth and development.

Second, the Chamber argues that the SEC’s actions destabilize the digital assets’ regulatory environment. The lack of a framework and the reliance on enforcement actions create an unpredictable landscape for businesses operating in the space, making it difficult to make informed decisions.

Finally, they claim that the SEC violates “Constitutional Due Process and Fair Notice Rights.” By failing to provide clear guidance through formal processes, the SEC restricts the ability of federal courts to review and challenge its legal arguments, further exacerbating regulatory uncertainty and impeding fair treatment.

The Chamber firmly states that the SEC’s actions are harmful and unlawful. It argues that legal uncertainty inhibits productive conduct and stifles innovation, a concept recognized by the courts.

The crypto community views that the Chamber’s involvement shows how significant the Coinbase vs. SEC case is. The outcome could have far-reaching implications for the digital asset space and its regulatory framework in the United States.

Brad Garlinghouse, the CEO of Ripple Inc., a payment blockchain-based company, has repeatedly stated that the absence of regulatory clarity on crypto in the United States forces capital elsewhere and smothers innovation.

The SEC is suing Ripple’s executives, including Garlinghouse, for raising billions by offering XRP, a coin they claim is unregistered security.

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