Gary Gensler, the chair of the Securities and Exchanges Commission (SEC) has previously stated ethereum is not a security.
While lecturing at MIT on a blockchain open course just shortly before he was appointed by Joe Biden to head the SEC, Gensler stated that ethereum may have been a security in 2014, but now SEC has stated it is sufficiently decentralized that it is no longer a security.
Source: https://www.trustnodes.com/2023/04/20/video-surfaces-of-gary-gensler-stating-ethereum-is-not-a-security