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Analysis: Biden's SEC chair nominee signals more regulation for cryptocurrencies
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The SEC has not adopted rules specifically tailored to cryptocurrencies and how they should be treated by people and companies, which some argue has created an unclear rulebook. As a decentralized asset created by users, Bitcoin is likely exempt from securities laws. These include the second and third most widely used virtual currencies, which were created by Ripple Labs and Ethereum.
The SEC has said Bitcoin is not a security and is suing Ripple alleging it broke laws with an unregistered digital-asset securities offering. Bitcoin hit record highs last month after companies including car-maker Tesla and Mastercard said they were embracing the cryptocurrency. The crypto industry as well as some SEC officials have for years been calling for clarity over how cryptocurrencies fit into securities laws. Previous SEC chief Jay Clayton took the view that most coin offerings, a cryptocurrency fundraising mechanism, appeared to run afoul of securities laws.
