tl;dr
Coinbase has filed lawsuits against the SEC and FDIC, alleging overregulation and seeking transparency under the Freedom of Information Act. The lawsuits claim that the agencies are trying to block the crypto industry's access to banking services. Coinbase's legal challenge focuses on the SEC's refu...
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Coinbase has filed lawsuits against the SEC and FDIC, alleging overregulation and seeking transparency under the Freedom of Information Act. The lawsuits claim that the agencies are trying to block the crypto industry's access to banking services. Coinbase's legal challenge focuses on the SEC's refusal to release information on ether and past investigations. The company argues that these actions hinder the industry and create uncertainty. The conflict underscores broader frustrations with "regulation by enforcement" in the crypto industry.
The lawsuits, filed in the US District Court for the District of Columbia, accuse the SEC and FDIC of actively trying to sever the crypto industry’s access to essential banking services. Utilizing the services of History Associates Inc., Coinbase argues that these actions are part of a broader, unlawful strategy against digital assets. The company’s legal challenge focuses on the SEC’s refusal to release information regarding ether and its transition to a proof-of-stake consensus mechanism. This request, initially raised by Consensys in a previous lawsuit against the SEC, is critical for Coinbase to grasp the regulatory body’s approach to cryptocurrency regulation and enforcement comprehensively.
Furthermore, Coinbase’s complaints include queries about past investigations related to figures such as Zachary Coburn and Enigma MPC, which were settled years ago. The SEC denied these requests, citing potential repercussions on ongoing enforcement activities. However, Coinbase disputes this justification, accusing the SEC of using privacy as a shield to obscure its regulatory intent. Additionally, Coinbase’s grievance with the FDIC centers on the issuance of “pause letters” to banks, advising them to halt the expansion of crypto-related services. As described in a report by the FDIC’s Office of Inspector General, these actions lack sufficient transparency and contribute to uncertainty in the financial sector.
The ongoing dispute between Coinbase and the SEC also includes a lawsuit filed by the exchange in April 2023, pressing the SEC for a clear response to its request for crypto-specific rulemaking. Despite Coinbase’s efforts since July 2022, the SEC has not provided definitive regulations, instead choosing to adapt existing rules that Coinbase argues are ill-fitting for cryptocurrencies. This conflict highlights the crypto industry’s broader frustrations with what many describe as “regulation by enforcement.” SEC Chair Gary Gensler insists that most cryptocurrencies are securities and should be regulated accordingly, leading to numerous enforcement actions against various crypto platforms.