The SEC sued Binance, Zhao and Binance.US in June, alleging they illegally listed unregistered securities in the form of several cryptocurrencies for trading and investment by U.S. investors.
"The SEC recently brought several enforcement actions – including this action – premised on its new position that virtually all crypto assets, and virtually all cryptoasset transactions, are securities," one of the filings said.
The agency was defining the term "investment contract" too broadly, one of the filings said.
Binance, Binance.US and Changpeng Zhao filed to dismiss a Securities and Exchange Commission (SEC) lawsuit Thursday, claiming the regulator hadn't "plausibly alleged" various securities-related violations, and that it was seeking to encompass digital assets under its authority despite Congress not explicitly spelling that out in legislation.
https://www.coindesk.com/policy/2023/09/22/binance-us-affiliate-changpeng-cz-zhao-file-to-dismiss-sec-lawsuit/
The recent victories have emboldened those who want to put pressure on the SEC and generated strong arguments for what is known as "major questions doctrine," which could lead Congress to perhaps limit the SEC’s reach, or at least reduce its restrictions.
I believe that if these lawsuits continue and more are successful, the SEC will be less cautious in similar cases such as ETFs