In a recent post on X, David Schwartz, CTO of Ripple, in a rather light and funny tone, pointed out the SEC’s approach to determine securities, using Musk’s recent comment about Tesla’s surge. Schwartz humorously questioned why Tesla’s situation would not fall under the SEC’s scrutiny, considering the company’s profit expectations. This however has a deeper legal backdrop. In reference to the Howey test, SEC has argued that Ripple falls in the criteria of a security, which has led to legal actions against Ripple and its executives. The subtle sarcasm underscores the regulatory issues faced by the crypto industry.