Texas Senate Backs Bill to Create State-Managed Bitcoin and Crypto
SEC Challenges Crypto Asset Value in Legal Battle with Coinbase
(Originally posted on : Crypto News – iGaming.org )
The U.S. Securities and Exchange Commission (SEC) made a strong case in a recent judicial battle that digital assets don’t have any intrinsic value. A court motion against Coinbase, the top U.S. bitcoin exchange, revealed the SEC’s position. The regulatory body claims that because digital assets depend on an ecosystem to create demand, they are unable to make money on their own.
The Howey test, a well-known legal standard used to assess whether a transaction qualifies as an investment contract, was cited by the SEC to support its allegation. This test determines if a person spends money in a group venture with the idea that they would only benefit from promoter or third-party activities.
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The Securities and Exchange Commission stated, “Any suggestion that the potential utility of some of the assets somehow changes the analysis is wrong.” The SEC emphasized the important distinction by drawing comparisons to physical assets such real land, orange groves, beavers, whiskey caskets, and chinchillas. Crypto assets lack the underlying value that these physical goods do.
Crypto Assets, The Lack of Inherent Value
The SEC’s position is based on the notion that cryptocurrency assets lack inherent worth, making them investment contracts and subject to government regulation. The SEC claims that the value of crypto assets is derived from underlying services or intellectual property that may be accessed through digital tokens. These tokens, however, have no intrinsic value because they are just pieces of software. They are inextricably linked to the investment contract they stand for in terms of value.
The Securities and Exchange Commission correctly states, “Without access to a service or the intellectual property those crypto assets signify, they would be worthless.” In essence, investors buy these assets to gain exposure to the larger investment contract rather than to possess a digital string of letters and numbers.
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Following Coinbase’s recent claim that the SEC’s enforcement-focused strategy is adversely hurting the U.S. economy, there is now a legal impasse. The regulatory environment for cryptocurrencies and blockchain technology in the United States may be strongly influenced by the discussion around the intrinsic worth of digital assets.
The notion of value in the digital world continues to be a sensitive subject as the conflict between authorities and the cryptocurrency sector plays out. The result of this court dispute may have significant repercussions for the future of digital assets and their function in the financial ecosystem.