The Blockchain Association and the Crypto Freedom Alliance of Texas have jointly filed a lawsuit against the SEC over its expanded Dealer Rule. This legal challenge aims to address concerns related to the digital asset industry and the potential impact of the rule on market participants.
The SEC’s Expanded Definition of “Dealer”
In February, the SEC adopted a broader definition of a “dealer” that could potentially encompass crypto traders. The new definition was based on a functional analysis of securities trading activities, rather than the type of security being traded. The SEC considered excluding crypto or certain aspects of the crypto industry but ultimately decided against it, citing concerns about giving crypto dealers an unfair advantage over traditional finance counterparts, according to Coindesk.
The Lawsuit Allegations
The lawsuit, filed in the District Court for the Northern District of Texas, makes several key allegations:
- Overreach: The expanded definition of a dealer could harm the U.S. crypto industry by capturing not only professional traders but also individuals who engage in digital asset trading. The plaintiffs argue that the SEC did not adequately engage with stakeholders during the rule’s public comment period.
- Lack of Economic Analysis: The suit claims that the SEC failed to conduct the required economic analysis before implementing the rule. As a result, the plaintiffs argue that the rule is “arbitrary, capricious, or otherwise contrary to law” under the Administrative Procedures Act.
- Threat to Innovation: The lawsuit contends that the Dealer Rule unlawfully redefines the boundaries of the SEC’s statutory authority, potentially driving U.S. companies offshore and stifling American innovation in the digital asset space.
Seeking Relief
The plaintiffs are asking the court to declare the rule invalid and block the SEC from enforcing it. They emphasize that the rule’s focus on post hoc effects of trading could inadvertently impact various digital asset market participants, including liquidity pool users. The distinction between a dealer and a trader, which specifically excludes persons buying or selling securities for their own accounts, is crucial in this context.
Blockchain Association CEO’s Statement
Kristin Smith, CEO of the Blockchain Association, criticized the SEC’s actions, calling the Dealer Rule the latest example of the SEC’s attempts to unlawfully regulate beyond its authority. She expressed concern that the rule could drive U.S. companies offshore and discourage American innovators. The compressed comment period and lack of engagement with stakeholders further compound the issue.
The lawsuit seeks to challenge the SEC’s Dealer Rule, emphasizing the need for proper economic analysis and consideration of the digital asset industry’s unique characteristics. The outcome of this legal battle could have significant implications for the crypto market and its participants.
