crypto securities

Ethereum co-founder Joe Lubin says no chance ETH is classed as security

The ConsenSys founder and Ethereum co-founder said it’s as unlikely as ride-sharing service Uber becoming illegal.

Ethereum co-founder and crypto entrepreneur Joseph Lubin is confident that Ether (ETH) won’t be classified as a security in the United States.

Cointelegraph spoke with Lubin, Ethereum co-founder and founder of blockchain tech firm ConsenSys, in Tel Aviv at the Web3 event, Building Blocks 23.

Asked if ETH could be classed as a security in the U.S. after Ethereum’s transition to a proof-of-stake (PoS) consensus model, Lubin said:

“I think it’s as likely, and would have the same impact, as if Uber was made illegal.”

“There would be a tremendous outcry from not just the crypto community but different politicians and certain regulators,” he added.

In September, Securities and Exchange Commission Chairman Gary Gensler suggested that the blockchain’s transition to PoS might have brought ETH under the regulators’ beat.

Gensler believed staking coins gave “the investing public” anticipation of “profits based on the efforts of others.”

Lubin said he was privy to discussions with the SEC and the Commodity Futures Trading Commission “for many years.”

Joseph Lubin speaking with Cointelegraph at Building Blocks 23 in Tel Aviv, Israel in February.

He said around five years ago the regulators were “just trying to wrap their heads around what tokens were.”

“They thought back then that everything was a security. We — I think — helped them significantly understand lots of tokens are not securities, and then they went away and Gary and team now think almost everything’s a security.”

Lubin, however, believes that ETH continues to be “sufficiently decentralized” and pointed to its “many use cases that don’t implicate it as a security.”

“There is no centralized set of promoters or builders that is specifically trying to raise the value of Ether and enrich investors,” he added.

“There’s a court system in the United States of America that I think would be supportive of arguments that would be made that it is not.”

Lubin said that regulators appear to be more focused on another aspect of Ethereum at the moment, noting that people he knows close to the action in Washington D.C. say “most of the focus is on stablecoins right now.”

“Everybody’s talking about it, freaking out. Calling for things to be done.”

In a Feb. 9 Twitter thread, Coinbase founder and CEO Brian Armstrong responded to “rumors” that the SEC was thinking to ban retail consumers from staking crypto.

Related: CFTC head looks to new Congress for action on crypto regulation

“Staking is not a security,” he said, adding it would be a “terrible path for the U.S.” if a staking ban was passed noting it was “a really important innovation in crypto.”

“Hopefully we can work together to publish clear rules for the industry, and come up with sensible solutions that protect consumers while preserving innovation,” Armstrong said.

Crypto will be regulated as securities — ICE boss and Senator Warren

Senator Elizabeth Warren’s bill seeks to hand control to the SEC, imposing new obligations on centralized crypto firms, something Jeffrey Sprecher thinks will be good for crypto.

Most cryptocurrencies are likely to be regulated as securities in the United States, according to the CEO of Intercontinental Exchange Inc (ICE), Jeffrey Sprecher and Senator Elizabeth Warren.

The renewed focus on regulating cryptocurrencies as securities comes in light of FTX’s recent implosion, which wiped countless billions from the market, put consumer funds in limbo and soured crypto’s reputation among regulators and officials.

Speaking on Dec. 6 at the financial services conference by Goldman Sachs Group Inc, Sprecher — whose ICE operates the New York Stock Exchange — confidently stated crypto assets are “going to be regulated and dealt like securities.”

He argued this will ultimately result in far greater consumer protections and regulatory oversight of centralized exchanges and brokers:

“What does that mean? It means more transparency, it means segregated client funds, the role of the broker as a broker-dealer will be overseeing and the exchanges will be separated from the brokers. The settlement and clearing will be separated from the exchanges.”

Sprecher also argued new regulation was not necessarily required for crypto as the legal frameworks are already there in terms of securities and they are “just going to be implemented more strongly.”

Senator Warren wants to crack the whip

Crypto skeptic Senator Elizabeth Warren is working on a crypto bill that would reportedly give the Gary Gensler-led Securities and Exchange Commission (SEC) most of the regulatory authority over the crypto space.

According to a Dec. 7 report from online news outlet Semafor, which cited two unnamed sources close to the matter, Warren’s crypto bill is still in its early stages but aims to cover a host of issues including taxation, regulation, national security and climate.

Warren is said to be looking to impose regulatory obligations such as audited financial statements and bank-like capital requirements in particular.

While specific details on the bill weren’t disclosed, Alex Sarabia, a spokesperson for Warren, confirmed with Semafor the senator is looking toward the SEC.

“She’s working on crypto legislation and believes that financial regulators, including the SEC, have broad existing authority to crack down on crypto fraud and illegal money laundering,” Sarabia said.

There has been a long-running debate among regulators on which crypto assets should fall under the category of a commodity or a security, with Bitcoin (BTC) being the only asset to unanimously be seen as a commodity due to its truly decentralized nature.

Related: US CFTC commissioner calls for new category to protect small investors from crypto

Ether (ETH) has also been discussed as a commodity at times but with far more pushback. Notably, Commodity Futures Trading Commission (CFTC) chief Rostin Behnam recently backtracked on his view of ETH being a commodity while speaking at an invite-only crypto event at Princeton University. He now believes that Bitcoin holds that status.

Over in the crypto world, MicroStrategy founder and Bitcoin maximalist Michael Saylor has gone one step further by essentially calling for all crypto assets that aren’t BTC to be shut down, as he argued they are “committing securities fraud.”

During a Dec. 6 appearance on the PDB Podcast, Saylor reiterated his opinion that assets such as XRP (XRP), ETH and Solana (SOL) are all unregistered securities as they were issued and controlled by centralized entities.

Painting a scenario he would like to see, the fervent BTC maxi noted “the best thing for the world would be for the SEC to shut down all of it.”

Twitter users have, of course, mocked him for making such comments: