Coinbase, the popular US-based cryptocurrency exchange, has hit pause on its staking services in response to legal proceedings initiated by the Securities and Exchange Commission (SEC). In an announcement on July 14, Coinbase revealed that it would temporarily suspend its retail staking service in California, New Jersey, South Carolina, and Wisconsin. This move comes as a direct response to the SEC's lawsuit against the exchange, filed in June, for allegedly offering unregistered securities.
Coinbase expressed strong disagreement with the SEC's allegations, asserting that their staking services are not securities. Nevertheless, the exchange has chosen to comply with the preliminary state orders, even before having an opportunity to defend itself. However, it's important to note that the suspension only applies to the additional staking of assets in the aforementioned states. Cryptocurrencies that were staked prior to the issuance of these orders will remain unaffected.
Meanwhile, users in Alabama, Illinois, Kentucky, Maryland, Vermont, and Washington can continue staking their crypto without interruption, as the regulatory actions in those states do not require a suspension of services. As the legal battle between Coinbase and the SEC unfolds, a recent pre-motion hearing shed light on the tone of the litigation and its potential impact on the wider crypto industry. Held on July 13, the hearing saw Judge Katherine Polka Faila of the US District Court for the Southern District of New York pose pertinent questions to both parties.
Topics discussed included the definition of staking, Coinbase's initial public offering (IPO) filings, and the application of the major questions doctrine. Coinbase's defense against the SEC's complaint included referencing the major questions doctrine, which was recently employed by the US Supreme Court to invalidate President Biden's proposal for student loan forgiveness. The hearing also took a brief recess to consider a federal judge's ruling on the SEC's separate lawsuit against Ripple, as this case has significant implications for securities law, market structure, and the regulatory powers of the SEC.
While the conference mainly focused on procedural and administrative matters, Coinbase sought early dismissal of the SEC's complaint by arguing that the tokens in question do not meet the criteria for securities under the Howey test. The SEC, in response, accused Coinbase of disregarding long-standing legal principles and attempting to redefine the definition of an investment contract. The ongoing legal battle between Coinbase and the SEC remains a closely watched and influential case that could shape the future of the crypto industry and its regulatory landscape.
