According to Coin Telegraph, the clash between regulatory agencies and legislators has created a climate of uncertainty, leaving crypto projects incorporated in the United States in limbo. A key issue contributing to this uncertainty is the SEC’s use of the Howey test to determine what constitutes a security in the crypto space—a metric widely regarded as outdated by industry insiders.
Unlike many other countries, the process of creating laws in the United States involves various branches of government, complicating the regulatory landscape for emerging technologies like cryptocurrency. The SEC, while tasked with overseeing securities regulations, operates within certain limitations. However, questions persist about how to determine if the agency has overstepped its powers.
Read more: US Sues World’s Largest Crypto Exchange Binance
Amidst these challenges, two cases currently before the Supreme Court of the United States (SCOTUS) hold the potential to reshape the regulatory framework for cryptocurrency. These cases could significantly limit the SEC’s authority in defining cryptocurrencies as securities, potentially paving the way for greater innovation and growth within the industry.
The outcome of these cases is eagerly awaited by stakeholders across the crypto ecosystem, as it could mark a turning point in the regulatory environment governing digital assets in the United States. Advocates for crypto innovation hope that a favorable ruling from the Supreme Court will provide clarity and certainty, enabling the industry to thrive and flourish once again on American soil.
Source: Coin Telegraph
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