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Gensler: The SEC has 'Never Said' That BTC, ETH are Securities

January 15, 2025

Gary Gensler, the outgoing SEC Chair, has claimed that the regulatory agency has "never said" that Bitcoin and Ethereum are securities.

Background

  • He went on to clarify that neither he nor his predecessor, Jay Clayton, made any security-related claims w.r.t. Bitcoin or Ether
  • Gensler is all set to step down in less than a week before President-elect Donald Trump and his administration takes reign

Who said what?

  • Specifically, Gensler said,

“We haven't said Ethereum is a security… I said that we, the SEC, have never said they're securities. I think investors in Bitcoin and Ethereum, the masses as you said, had access to these prior to the exchange-traded funds and products”

- Emphasizing on the importance of disclosure, he added

"Over 70%, maybe 80% of the crypto market is related to Bitcoin and Ethereum. I really take a look at the other part, these 10,000 to 15,000 other tokens, which can only really persist because investors are investing, in essence, betting on a project. They need the proper disclosure. The law says you're supposed to get that disclosure and they're not currently compliant"

Why should you pay attention?

  • Despite his assertions, Gensler was quick to add that he can't outrightly claim that both tokens aren’t securities owing to the nature of his job
  • In another parallel interview, Gensler claimed that Bitcoin is a “highly speculative, volatile asset”
  • However, seven billion people around the globe want to trade it just like they’ve been trading gold for 10,000 years, he said
  • He concluded by saying, “It might be something else in the future as well”

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