Hello,
Judge Amy Berman Jackson’s recent ruling in the SEC v. Binance case is making waves in the crypto industry. Her decision highlights that a token’s classification as a security can evolve over time. This means that even if a token initially qualifies as a security, it doesn’t necessarily retain that status indefinitely. Judge Jackson’s ruling marks a significant departure from the traditional Howey framework, which has been the standard for determining whether an asset is a security. By acknowledging that the nature of a token can change as it moves through commerce and is used in various ways, she is providing much-needed clarity for the industry. This ruling could indeed set important precedents for future cases involving digital assets and their classification. It will be interesting to see how this impacts the regulatory landscape and the operations of crypto firms moving forward.
Topic: Another interesting US court decision on tokens (Read 140 times)
https://x.com/EleanorTerrett/status/1806899421407330722?
"🚨NEW: Judge Jackson also says that a token’s nature can evolve over time and that even if a token started out as a security, doesn’t mean it always stays one.
She may be the first judge to officially address this?
"Insisting that an asset that was the subject of an alleged investment contract is itself a “security” as it moves forward in commerce and is bought and sold by private individuals on any number of exchanges, and is used in any number of ways over an indefinite period of time, marks a departure from the Howey framework that leaves the Court, the industry, and future buyers and sellers with no clear differentiating principle between tokens in the marketplace that are securities and tokens that aren’t.”"
https://x.com/CodyCarboneDC/status/1806894840765898801
"Cody Carbone(C)
🚨🚨COURT RULES that just because a token was part of an investment contract in the past, it doesn't mean it should always be considered a security.
Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia providing the clarity the #crypto industry deserves on secondary sales of tokens. Take a look at her opinion tonight in SEC v. #Binance 👏
"Insisting that an asset that was the subject of an alleged investment contract is itself a “security” as it moves forward in commerce and is bought and sold by private individuals on any number of exchanges, and is used in any number of ways over an indefinite period of time, marks a departure from the Howey framework that leaves the Court, the industry, and future buyers and sellers with no clear differentiating principle between tokens in the marketplace that are securities and tokens that aren’t."
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Interesting practice, it looks like there will soon be many interesting precedents in the USA.
"🚨NEW: Judge Jackson also says that a token’s nature can evolve over time and that even if a token started out as a security, doesn’t mean it always stays one.
She may be the first judge to officially address this?
"Insisting that an asset that was the subject of an alleged investment contract is itself a “security” as it moves forward in commerce and is bought and sold by private individuals on any number of exchanges, and is used in any number of ways over an indefinite period of time, marks a departure from the Howey framework that leaves the Court, the industry, and future buyers and sellers with no clear differentiating principle between tokens in the marketplace that are securities and tokens that aren’t.”"
https://x.com/CodyCarboneDC/status/1806894840765898801
"Cody Carbone(C)
🚨🚨COURT RULES that just because a token was part of an investment contract in the past, it doesn't mean it should always be considered a security.
Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia providing the clarity the #crypto industry deserves on secondary sales of tokens. Take a look at her opinion tonight in SEC v. #Binance 👏
"Insisting that an asset that was the subject of an alleged investment contract is itself a “security” as it moves forward in commerce and is bought and sold by private individuals on any number of exchanges, and is used in any number of ways over an indefinite period of time, marks a departure from the Howey framework that leaves the Court, the industry, and future buyers and sellers with no clear differentiating principle between tokens in the marketplace that are securities and tokens that aren’t."
__
Interesting practice, it looks like there will soon be many interesting precedents in the USA.
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