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Coinbase Challenges SEC Over Regulatory Approach

Coinbase argues for a writ of mandamus against the SEC, highlighting concerns over regulatory enforcement in the crypto industry.
Published on 2023-05-24

Coinbase's Legal Challenge

Coinbase has issued a strong response to the U.S. Securities and Exchange Commission (SEC), advocating for a writ of mandamus. This legal action stems from Coinbase's concerns about the SEC's regulatory practices in the cryptocurrency industry. The petition, initially filed on April 24, aims to compel the SEC to act on a previous rulemaking request made by Coinbase in July 2022.

SEC's Response and Coinbase's Counterarguments

The SEC responded to Coinbase's petition on May 15, arguing that the company lacks the authority to demand such a writ and that their claims are unfounded. The SEC maintains it is not required to establish new digital asset regulations. Coinbase, however, counters that the SEC's approach—regulating through enforcement rather than clear rulemaking—has created significant challenges for the industry.

The Need for Clarity

Coinbase emphasizes that the SEC's ongoing enforcement actions impose immediate harm on businesses. The lack of clear regulatory guidelines forces companies to navigate a complex legal landscape without established paths. Coinbase argues that the SEC has ignored industry petitions and delayed responding to calls for new rulemaking, exacerbating these challenges.

Importance of Mandamus

Coinbase insists that a writ of mandamus is crucial to address these extraordinary circumstances. The company believes this legal remedy is necessary to prompt the SEC to fulfill its obligations and provide a transparent regulatory framework for digital assets. This case highlights the broader tensions between regulatory bodies and the rapidly evolving cryptocurrency industry, underscoring the urgent need for clear, consistent regulations.

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