CryptoMediaClub
Wednesday, October 21, 2026
  • All news
  • Bitcoin
  • Ethereum
  • Altcoins
  • NFT
  • Blockchain
  • Analysis
No Result
View All Result
  • All news
  • Bitcoin
  • Ethereum
  • Altcoins
  • NFT
  • Blockchain
  • Analysis
No Result
View All Result
CryptoMediaClub
No Result
View All Result
Home All news

Ex-SEC Lawyer Backs Ripple’s CLARITY Act Stance — Says Speculation Isn’t Securities Law

27.01.2026
A A
0
126
VIEWS
ShareShare

A former Securities and Exchange Commission lawyer has publicly backed Ripple’s position that speculation alone should not be enough to trigger securities regulation.

The comments, submitted as part of the SEC’s ongoing Crypto Task Force consultation, add weight to a growing policy argument that draws a sharper line between investment contracts and the assets that may trade around them.

The submission was written by Teresa Goody Guillén, a former SEC attorney, and published Monday on the commission’s website as public input.

Her response addressed a January 9 letter from Ripple, which warned against regulatory frameworks that treat a crypto asset as a security simply because buyers hope its price will rise.

Ripple Says Speculation Alone Shouldn’t Trigger Securities Rules

Guillén agreed with Ripple’s core concern, stating that approaches relying on a “passive economic interest” risk confusing market speculation with legally enforceable investment rights.

In her letter, Guillén clarified that her own academic work on digital asset market structure had been cited by Ripple not as an endorsement of such conflation, but as part of a broader discussion on how economic factors should be assessed.

She emphasized that no single factor, including speculative intent, should be determinative when applying securities laws to digital assets.

Instead, she argued, those factors must be weighed on a sliding scale grounded in legal obligations and historical regulatory practice.

Ripple’s original submission to the SEC’s Crypto Task Force came as Congress considered the CLARITY Act.

Source: sec.gov

At the center of Ripple’s argument is the distinction between an asset and the transaction through which it may have been sold.

The company maintains that once an issuer’s enforceable promises have been fulfilled or expired, the asset itself should not remain subject to securities regulation indefinitely.

Treating it otherwise, the company argued, would collapse the difference between a contract and a commodity-like asset, expanding regulatory authority beyond its intended limits.

Ripple also pushed back against regulatory approaches that rely heavily on the “efforts of others” prong of the Howey test.

The company said focusing solely on buyers’ expectations of others’ efforts overlooks key elements of an investment contract, including a common enterprise and enforceable profit rights.

It added that price speculation alone does not make an asset a security unless it involves a legal claim on an issuer.

Regulators Weigh New Asset Category as Crypto Policy Debate Widens

Guillén’s submission aligns with that view while stopping short of endorsing any single legislative proposal.

Separately, she released a discussion draft for a proposed Digital Markets Restructure Act of 2026, which has not been adopted by the SEC or the CFTC.

The draft outlines a new classification called “Digital Value Instruments” for assets that do not fit cleanly into existing securities or commodities frameworks and proposes a risk-based division of regulatory oversight between agencies.

The comments were part of a broader wave of submissions filed in late January, as industry participants, policy groups, and former regulators weighed in on market integrity, tokenization, and cross-border supervision.

Several contributors warned against broad exemptions for decentralized trading platforms.

Meanwhile, others urged Congress and regulators to preserve core investor protections without forcing digital assets into disclosure regimes designed for traditional equities.

The policy debate is unfolding as legislative momentum has slowed in the Senate.

This week, a winter storm in Washington delayed the Senate Agriculture Committee’s first markup vote on digital asset market structure legislation, further complicating an already uncertain timeline.

The Banking Committee’s parallel effort on the CLARITY Act has also been pushed back, leaving the Agriculture Committee’s bill as the most immediate vehicle for reform, despite visible partisan divisions.

The post Ex-SEC Lawyer Backs Ripple’s CLARITY Act Stance — Says Speculation Isn’t Securities Law appeared first on Cryptonews.

Share10Tweet6ShareSharePin2

Related Posts

XRP Rallies on Ripple SEC Push as ETF Outflows Cloud Evernorth Debut
All news

XRP Rallies on Ripple SEC Push as ETF Outflows Cloud Evernorth Debut

21.10.2026
0

Ripple’s latest news on US crypto regulation is putting XRP back in the spotlight, with the company backing a proposed...

Read moreDetails
Pearl Crypto Price Explodes: Coinbase Buzz Fuels Mystery Rally

Pearl Crypto Price Explodes: Coinbase Buzz Fuels Mystery Rally

21.10.2026
Switzerland Bitcoin ETF and Cameroon’s Paul Biya: A Financial Haven Debate

Switzerland Bitcoin ETF and Cameroon’s Paul Biya: A Financial Haven Debate

21.10.2026
Revolut Outage Hits Crypto Access as Google Cloud Failure Disrupts Banking Services

Revolut Outage Hits Crypto Access as Google Cloud Failure Disrupts Banking Services

21.10.2026
Tether Iran Dispute: Ardoino Pushes Back Against Senate

Tether Iran Dispute: Ardoino Pushes Back Against Senate

21.10.2026
Load More
Next Post
Bitcoin breaking above $100k silently broke its positive adoption curve as usage craters

Bitcoin breaking above $100k silently broke its positive adoption curve as usage craters

0 0 votes
Рейтинг статьи
Subscribe
Notify of
guest
guest
0 комментариев
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

Recommended

Google Announces Stricter Rules for NFT Game Ads in September 2023

Google Announces Stricter Rules for NFT Game Ads in September 2023

3 years ago
Valkyrie backtracks on Ether futures contract purchases until ETF launch

Valkyrie backtracks on Ether futures contract purchases until ETF launch

3 years ago
Australia Might Reclassify Stablecoins as Financial Products Requiring Licensing

Australia Might Reclassify Stablecoins as Financial Products Requiring Licensing

12 months ago
Bitcoin Fog Mastermind Found Guilty in Historic Money Laundering Case

Bitcoin Fog Mastermind Found Guilty in Historic Money Laundering Case

3 years ago

Categories

  • All news
  • Altcoins
  • Analysis
  • Bitcoin
  • Blockchain
  • Ethereum
  • NFT
No Result
View All Result

Highlights

Quantum-proof Bitcoin signatures would clog network nodes with 10x larger data

Switzerland Bitcoin ETF and Cameroon’s Paul Biya: A Financial Haven Debate

Revolut Outage Hits Crypto Access as Google Cloud Failure Disrupts Banking Services

Tether Iran Dispute: Ardoino Pushes Back Against Senate

XRP News: Lending Awaits Votes, Cleanup Nears Activation

Kraken’s $80 stablecoin fee gap exposes hidden costs

Trending

XRP Rallies on Ripple SEC Push as ETF Outflows Cloud Evernorth Debut
All news

XRP Rallies on Ripple SEC Push as ETF Outflows Cloud Evernorth Debut

21.10.2026
0

Ripple’s latest news on US crypto regulation is putting XRP back in the spotlight, with the company...

Lido’s proposed exits would pay lenders with borrower collateral

Lido’s proposed exits would pay lenders with borrower collateral

21.10.2026
Pearl Crypto Price Explodes: Coinbase Buzz Fuels Mystery Rally

Pearl Crypto Price Explodes: Coinbase Buzz Fuels Mystery Rally

21.10.2026
Quantum-proof Bitcoin signatures would clog network nodes with 10x larger data

Quantum-proof Bitcoin signatures would clog network nodes with 10x larger data

21.10.2026
Switzerland Bitcoin ETF and Cameroon’s Paul Biya: A Financial Haven Debate

Switzerland Bitcoin ETF and Cameroon’s Paul Biya: A Financial Haven Debate

21.10.2026
  • All news
  • Altcoins
  • Bitcoin
  • Blockchain
  • Ethereum
  • NFT
  • Analysis
Editor: cryptomediaclub.com@gmail.com
Advertising: digestmediaholding@gmail.com

Disclaimer: Information found on CryptoMediaClub is those of writers quoted. It does not represent the opinions of CryptoMediaClub on whether to sell, buy or hold any investments. You are advised to conduct your own research before making any investment decisions. Use provided information at your own risk.
CryptoMediaClub covers fintech, blockchain and Bitcoin bringing you the latest crypto news and analyses on the future of money.

© 2023 Crypto News. All Rights Reserved

No Result
View All Result
  • All news
  • Bitcoin
  • Ethereum
  • Altcoins
  • NFT
  • Blockchain
  • Analysis

Disclaimer: Information found on CryptoMediaClub is those of writers quoted. It does not represent the opinions of CryptoMediaClub on whether to sell, buy or hold any investments. You are advised to conduct your own research before making any investment decisions. Use provided information at your own risk.
CryptoMediaClub covers fintech, blockchain and Bitcoin bringing you the latest crypto news and analyses on the future of money.

© 2023 Crypto News. All Rights Reserved

wpDiscuz