The lawsuit alleges that the SEC aims to unlawfully regulate Ethereum through enforcement actions against various companies, including Consensys, constituting “aggressive and unlawful” overreach. Consensys intends to prove that the SEC does not have legal authority to regulate ETH, user-controlled software interfaces, or the Ethereum blockchain more broadly. It also wants the court to declare that legal action or investigations based on those grounds would exceed the SEC’s authority. Consensys first asserted that the SEC only has jurisdiction over securities and has previously agreed ETH is not a security. Whether the SEC treats ETH as a security could also impact the approval of spot Ethereum ETFs.

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