Major crypto exchange Coinbase has decided to take action to get an answer from the Securities and Exchange Commission: this week, they filed a court action seeking to compel Gary Gensler’s agency to give specific rulemaking on crypto assets. J.W. Verret, associate professor of law at George Mason Law School, talks about how both parties are playing this game, how it could change the Howey test, and much more.

Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, TuneIn, Amazon Music, or on your favorite podcast platform.

Show highlights:

• whether there's a long-term chess strategy being played by Coinbase
• whether the case could actually change the Howey test
• why the 'West Virginia vs. EPA' is important for crypto
• what the SEC's strategy is and why the Kraken settlement was an “overreach,” according to J.W.
• whether the SEC could develop a new framework for crypto assets 
• how the Ripple case will unfold and how long it will take if it is appealed

Thank you to our sponsors!

• Crypto.com
• Railgun DAO 

Guest

J.W. Verret, Associate Professor of Law at George Mason Law School

• J.W.’s thread
• My story of telling the SEC ‘I told you so’ on FTX
• Public Request for Rulemaking: Securities Regulation Genesis Block Proposal

Previous coverage of Unchained on the SEC’s actions: 

• Rep. Emmer on Why He Believes Gary Gensler Is a ‘Bad-Faith Regulator’
• Is the Government Trying to Kill Off Crypto in the US?
• Coinbase’s Top Lawyer Calls SEC Wells Notice a ‘Massive Overreach’

Links

• Unchained: Coinbase Seeks to Compel SEC Response to Rulemaking Petition - Unchained Crypto
• Coinbase takes another formal step to seek regulatory clarity from SEC for the crypto industry
• IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT COINBASE, INC.’S PETITION FOR WRIT OF MANDAMUS TO THE
• Coinbase petition for SEC rulemaking

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