Chamber Sounds the Battle Cry Against SEC’s Overreach

In an era where digital assets are redefining global financial landscapes, the Chamber of Digital Commerce, a prominent voice in the blockchain domain, has allied with other digital asset corporations, legal entities, and legislators to challenge the U.S. SEC’s lawsuit against Binance. The overarching sentiment is clear: the SEC’s efforts to wield control over the burgeoning crypto industry without Congress’s explicit directive is a misstep.

The Heart of the Matter: Dissecting the Amicus Brief

Late on October 19, the Chamber of Digital Commerce tabled an amicus brief in unwavering support of the defendants: Binance, Binance.US, and their torchbearer, CEO Changpeng “CZ” Zhao. This move intends to halt the SEC lawsuit that many view as a heavy-handed approach to regulating an industry still in its nascent stages.

Cody Carbone, the VP of policy at the Chamber, shared a revealing perspective, stating,

“Instead of navigating the prescribed channels such as issuing guidance or invoking the proper notice and comment rulemaking processes, the SEC opts for enforcement actions. These actions have a chilling effect, not only stalling the market but also ushering digital asset innovations to foreign shores.”

For the uninitiated, the SEC’s modus operandi, termed “regulation-by-enforcement,” attempts to label digital assets as securities. The fallout? This deters innovation and compels crypto enterprises to seek friendlier terrains outside the U.S. What amplifies the chamber’s concerns is that the SEC, as per their interpretation, doesn’t possess the mandate from the U.S. Congress to categorize all digital assets as securities. Such a stance by the SEC jeopardizes the entire industry and its myriad stakeholders.

The Chamber’s clarion call to the court hinges on a few pivotal points:

The SEC’s actions overreach their designated jurisdiction.
Digital assets do not inherently qualify as investment contracts.
Token transactions don’t resonate with the stipulations of the Exchange Act Registration.

Parallelly, Binance.US, alongside Binance Holdings and the visionary CZ, have expressed their discontent by seeking to dismiss the lawsuit, suggesting that the SEC’s purview has been unjustly expanded. Furthermore, Binance.US has been forthcoming, albeit selectively, in sharing pertinent documents with the SEC, reflecting their intent to navigate this litigation transparently.