The crypto industry is on the edge of its seat as Coinbase, one of the oldest and most recognized companies in the sector, faces off against the U.S. Securities and Exchange Commission (SEC) in a legal battle that could set a precedent for future regulation. The crux of the dispute revolves around the classification of securities and the role of staking within the crypto landscape.

According to a report by Tracy Wang for CoinDesk, during the initial court hearing, Judge Katherine Polka Faila took center stage, probing both parties with pointed questions. The judge’s skepticism towards the SEC’s position was palpable, as she noted a discrepancy between the SEC’s assertion of not intending to regulate all cryptocurrencies and its pursuit of alleged securities law violations against Coinbase.

The SEC’s representative held firm, asserting that the agency’s focus is on regulating conduct, not specific assets. However, when questioned about the Commission’s stance on Bitcoin and Ether, the representative confirmed that Bitcoin’s status as a non-security was not under dispute, but remained silent on Ether.

A key point of disagreement emerged around the SEC’s previous approval of Coinbase’s S-1, a form required for an initial public offering (IPO). Coinbase’s legal team pointed out that several of the crypto assets named in the SEC’s lawsuit were already trading on the platform when the SEC gave its nod to Coinbase’s S-1.

The two parties also sparred over the nature of Coinbase’s staking program. Coinbase’s lawyers argued that staking services do not constitute an investment contract, likening it to a paid service with no risk of loss to the staking party. The SEC, on the other hand, countered that even IT services can have an entrepreneurial aspect, thereby classifying staking as an investment activity.

The case also delved into the major questions doctrine, a legal principle that Coinbase might use to argue that the SEC is exceeding its regulatory boundaries. This doctrine was recently invoked by the U.S. Supreme Court to overturn President Biden’s student loan forgiveness plan.

Crypto lawyer “MetaLawMan” offered a word of caution, advising against drawing too many conclusions from the judge’s initial remarks, given that the judge had only brief letters from each side to base her comments on. However, he did acknowledge that the judge’s questions were insightful and that she seemed doubtful of some of the SEC’s responses.

SEC v. @Coinbase first hearing update.Lawyers for both sides had their first hearing before the judge handling the case.Reports from the court proceeding are mainly positive for Coinbase.Here's what you should know…

— MetaLawMan (@MetaLawMan) July 14, 2023

Featured Image Credit: Photo / illustration by “sergeitokmakov” via Pixabay