The direct application of long-standing securities laws has caused concern for the future of certain tokens, with a chance for them to be classified as securities, according to Bernstein’s research report. This is creating a divide, as some analysts argue that this perspective, which assumes all tokens other than BTC are securities, doesn’t allow blockchain networks to achieve decentralization over time, nor does it provide any practical utility for tokens within their network.
The issue of whether crypto tokens are securities or commodities sits at the center of the U.S. Securities and Exchange Commission’s (SEC) lawsuits against crypto exchanges such as Binance and Coinbase (COIN). Last week, the SEC announced that they would be suing Binance, its founder Changpeng “CZ” Zhao, and the operating company for Binance.US on allegations of violating federal securities laws, with similar charges being brought against Coinbase just a day later.
This raises the core question of whether it’s appropriate for countries to apply traditional securities laws, which were introduced decades ago, to the rapidly evolving blockchain landscape. Proponents argue that it’s crucial to recognize the ultimate goal of blockchain networks, which is to transform outdated financial and securities market systems. With the help of blockchain technology, the potential exists for increased transparency, instant settlement times, elimination of middlemen, automation, reduced costs, global liquidity, and interoperability.
While the debate ensues, the rest of the world seems to be taking a more progressive stance, ultimately dividing it into different jurisdictions. Places like the United Kingdom, Europe, Hong Kong, Singapore, and the Middle East see this as an opportunity to attract valuable talent and capital. They are taking progressive steps to establish crypto hubs, attracting businesses, investors and talent, while the U.S. lags due to regulatory uncertainty.
In conclusion, the classification of tokens as securities through the application of existing securities laws presents a dilemma in the rapidly evolving world of blockchain technology. While some countries are capitalizing on developments in blockchain, others struggle to find their footing and adapt dated securities laws. Ultimately, the landscape will continue to evolve quickly, making it essential to strike a balance between regulatory compliance and fostering innovation in the blockchain industry.
Source: Coindesk
