Coinbase says SEC response reinforces concern about the regulator actions Coinbase says SEC response reinforces concern about the regulator actions
The SEC wants the court to reject Coinbase's request for a new regulatory framework for the crypto industry.
2 min read
Updated: May. 16, 2023 at 9:47 am UTC
Cover art/illustration via CryptoSlate. Image includes combined content which may include AI-generated content.
Coinbase chief legal officer Paul Grewal said the U.S. Securities and Exchange Commission’s (SEC) response to its legal action reinforces the exchange’s concerns about the financial regulator.
SEC response to Coinbase
According to a May 15 court filing, the SEC wants the court to reject Coinbase request for the Commission to provide a new regulatory framework for the crypto industry, arguing that it was under no obligation to do so.
The SEC wrote:
“Neither the securities laws nor the Administrative Procedure Act (โAPAโ) impose on the Securities and Exchange Commission (โSECโ or โCommissionโ) an obligation to issue the broad new regulations regarding โdigital assetsโ Coinbase has requested.”
The financial regulator further noted that there was no legal precedence for Coinbase’s request for “an accelerated action” as its request could change the financial system as it is known. The Commission added that previous petitions in other areas had taken up to five years or more before responses were issued to the petitions.
“The Commissionโs ongoing regulatory efforts regarding crypto assets that are securities or offered and sold as suchโincluding the solicitation of comments from the public across numerous frontsโbelie the assertion of closed-mindedness on which Coinbaseโs petition depends. Coinbaseโs preference for faster or different regulatory action by the Commission does not entitle it to extraordinary relief from this Court.”
Coinbase legal officer reacts
In a May 16 Twitter thread, Grewal pointed out that the SEC’s response was the first time the regulator formally explained its views about the regulatory clarity issue battling the crypto industry.
According to Grewal, the SEC’s response showed that the Commission would continue to use enforcement actions to substitute for rulemaking. He noted that the regulator told the court that the rulemaking process may take years, and they are in no rush.
The Coinbase legal counsel further highlighted that the Commission said its Chair Gary Gensler’s public statement should not be misconstrued as “formal guidance or policy statements from the SEC.”
Chair Gensler has made several public statements about the crypto space,ย describingย all digital assets except Bitcoin (BTC) as securities and highlighting the noncomplianceย of crypto companies.
Grewal said Coinbase would issue a formal response to the SEC next week.
Mentioned in this article
Author 
Oluwapelumi Adejumo
Oluwapelumi values Bitcoin's potential. He imparts insights on a range of topics like DeFi, hacks, mining and culture, underlining transformative power.
Editor Editor 
Josh O'Sullivan
Josh has been writing for a decade and is passionate about mainstream crypto adoption, bringing positive financial change to the masses through crypto and decentralized finance.
Latest US Stories
Latest Bitcoin Stories
In this article
Bitcoin, a decentralized currency that defies the sway of central banks or administrators, transacts electronically, circumventing intermediaries via a peer-to-peer network.
Coinbase
Coinbase is a digital currency exchange and wallet service that allows individuals to buy, sell, and store digital currencies, such as Bitcoin, Ethereum, and Litecoin.
Gary Gensler is an American government official and former investment banker who President Joseph Biden nominated to chair the U.S.
Paul Grewal is the Chief Legal Officer of Coinbase where he is responsible for Coinbaseโs legal, compliance, global intelligence, risk management and government relations groups.