In a new development, Senator Cynthia Lummis,  a prominent advocate for cryptocurrency, filed an amicus brief on August 11 to support the Coinbase exchange against the SEC’s lawsuit. 

Lummis maintains that the responsibility to formulate crypto regulations lies with Congress, not the SEC. This standpoint emphasizes the importance of a clear separation of powers in shaping the landscape of cryptocurrencies.

In the lawsuit, SEC claims Coinbase operates as an unregistered broker, exchange, and clearing agency. This has resulted in a national issue and has attracted responses from all corners. 

Coinbase fired back and filed for a dismissal of the case against the crypto exchange on Friday, August 4 alleging the Security and Exchange Commission is stepping outside their jurisdiction in suing the crypto exchange.

“The transactions over Coinbase’s platform and Prime are not and do not involve, contractual undertakings to deliver future value reflecting the income, profits, or assets of a business. They are commodity sales, with the obligations on both sides discharged entirely the moment the digital token is delivered in exchange for payment,” the filing read. 

On her end, Senator Lummis contends that the SEC has exceeded its mandate by attempting to label nearly all crypto assets as securities. She firmly argues that this overreach infringes on Congress’s legislative authority and extends beyond the agency’s jurisdiction. 

Legal expert James A. Murphy, the founder of Metalawman, has also thrown his weight behind Senator Lummis’s call for equitable regulations within the cryptocurrency realm. 

James A. Murphy’s support for Senator Lummis was expressed on X (formerly Twitter), where he spotlighted her Amicus Brief, which favors Coinbase’s plea to dismiss the SEC’s complaint against them. 

Senator Lummis’s steadfast advocacy for crypto regulations echoes a growing sentiment within the industry. As the regulatory landscape evolves, Lummis’s vision aims to strike a harmonious balance between innovation, investor protection, and regulatory clarity. 

Her role as a co-sponsor of the Lummis-Gillibrand crypto regulation bill demonstrates her commitment to establishing well-defined guidelines for digital assets, with the Howey test serving as a foundation.

This bill, known as the Responsible Financial Innovation Act, seeks to provide a robust framework for digital assets in a quest for regulatory clarity.

Lummis’s arguments resonate across the industry and have attracted massive support.  Major players such as the Blockchain Association and the Cryptocurrency Council for Innovation, also demonstrated support through their respective Amicus Briefs.

Additionally, Senator Lummis’s optimistic tweet on PayPal’s recent stablecoin announcement further reinforces her belief in cryptocurrencies’ lasting role within the global financial landscape.

“Another sign that crypto assets are here to stay as part of the global financial system,” she said in response to PayPal’s announcement. “Now, Congress needs to secure America’s status as the unquestioned global leader in financial innovation by creating clear regulatory rules of the road.”

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