SEC Unresponsive to Ethereum Security Classification Request from NYAG – Coincu

In 2023, the New York Attorney General’s Office requested the SEC to officially designate Ethereum as a security. Coinbase’s newly disclosed SEC internal documents reveal this request amidst KuCoin legal actions.

The SEC’s stance on ETH classification remains ambiguous, impacting investor protection discussions and indicating regulatory discrepancies.

SEC’s Stance on Ethereum’s Regulatory Classification

The New York Attorney General asked the SEC to classify Ethereum as a security in a court brief during the KuCoin prosecution. Shamiso Maswoswe’s email explained that this would enhance investor protection, yet the SEC did not respond, maintaining an unclear stance.

The SEC’s historical perspective tended to identify Ethereum as a commodity. However, the PoS mechanism transition has led to mixed signals, influencing regulatory clarity. According to Coinbase, the SEC emphasized transparency but failed to take a clear position in this instance.

Reactions within the financial industry highlight a broad concern about regulatory consistency. Paul Grewal from Coinbase accused the SEC of inconsistent regulatory practices, emphasizing a need for clear guidelines. Wall Street is closely watching for future SEC decisions. As Grewal noted, “We squeezed more details from @SECGov in our FOIA suit about the Gensler-era investigation of ETH2.0. They’ve identified the following documents in their ‘Vaugh index’ of withheld materials that we intend to pursue.”

Wall Street Monitors Ethereum’s Regulatory Future Amid PoS Changes

Did you know? In early 2022, the SEC had formed an initial view of Ethereum as a commodity, largely influenced by its early market activities. However, the PoS transition has blurred these lines, exemplifying regulatory complexities surrounding Ethereum.

Data from CoinMarketCap shows Ethereum (ETH) is trading at $1,818.28 with a market cap of $219.53 billion. ETH price grew by 2.6% in 24 hours, yet dropped 32.87% over 90 days. The platform holds a market dominance of 7.33% as of May 7, 2025.

Coincu analysts suggest ongoing US regulatory discrepancies may influence Ethereum market trends. While ETH’s recent price shifts reflect both positive and volatile market conditions, regulatory outcomes could define future compliance and technology adaptations.