Paradigm slams SEC’s ‘incoherent’ attempt to police decentralized exchanges

9 June 2023

Cointelegraph By Martin Young

DEXes are not securities exchanges, argues crypto venture firm Paradigm.

News

Join us on social networks

Crypto venture capital firm Paradigm has slammed the United States Securities and Exchange Commission’s attempt to redefine the term “exchange” — which if accepted, would bring decentralized exchanges under its purview. 

On June 8, the firm sent a lengthy 14-page letter to the SEC secretary, Vanessa Countryman, regarding the regulator’s proposed redefinition of the term “exchange” in the 1934 Securities Exchange Act.

The SEC plans to revise the 89-year-old legislation to encompass decentralized exchanges (DEXes) and decentralized finance (DeFi) into the definition of “exchange.” Because the term DEX contains the word “exchange,” the SEC wants to treat it the same as a securities or stock exchange.

Today, @paradigm commented on the @SECGov‘s proposed redefinition of “exchange”

Through haphazard rulemaking, the SEC inappropriately attempts to bring crypto trading platforms, including DEXs, under its remit and regulate them as securities exchangeshttps://t.co/ibv2u1n9VU

— Rodrigo (@RSSH273)

June 8, 2023

Paradigm, however, argues that fundamental differences between DEXs and exchanges make treating them as “exchanges” under the Act both “invalid and incoherent.”

“It thus appears that after suing Coinbase for failing to do the impossible — registering as a securities exchange when it was incapable of doing so — the Commission now intends to force DEXs into the same Hobson’s choice.”

Paradigm’s legal counsel, Rodrigo Seira, commented that through this “haphazard rulemaking, the SEC inappropriately attempts to bring crypto trading platforms, including DEXs, under its remit and regulate them as securities exchanges.”

In March 2022, the SEC proposed changes to the Act to include systems that “offer the use of non-firm trading interest and communication protocols to bring together buyers and sellers of securities.” In other words, any platforms that facilitate digital asset exchange or swaps.

Paradigm argues that DEXs neither serve as intermediaries nor have an “organization, association, or group of persons” that maintains the exchange.

Instead, they used market-making algorithms to balance pools of crypto assets that potential buyers or sellers can freely access. Additionally, DEXs run on self-executing code and smart contracts, not associations or groups of people, it argued.

Related:SEC crackdown on Binance and Coinbase surge DeFi trading volumes 444%

The SEC has pulled no punches this week with twin lawsuits against two of the world’s largest crypto exchanges, Binance and Coinbase.

Furthermore, years of SEC action against crypto have seen the agency deem at least 67 digital assets as securities. However, Congress has yet to pass any official legislation for crypto markets classifying them as such.

Meanwhile, Cointelegraph revealed that enforcement action by the federal regulator targeting crypto companies surged 183% in 6 months after the FTX collapse.

Magazine:Crypto regulation: Does SEC Chair Gary Gensler have the final say?

  

You might also like

Bitcoin ETFs log $912M inflows in ‘dramatic’ investor sentiment boost  
Bitcoin ETFs log $912M inflows in ‘dramatic’ investor sentiment boost  

Investments in Bitcoin exchange-traded funds (ETFs) have rebounded to levels last seen in January, signaling a recovery in investor sentiment from concerns about global trade tariff escalations.US spot Bitcoin (BTC) ETFs had over $912 million worth of cumulative net inflows on April 22, marking their highest daily investment in more than three months since Jan. 21, Farside Investors data shows.Bitcoin ETF Flow, millions. Source: Farside Investors“Bitcoin ETPs just saw the largest daily inflows since 21st January in a dramatic improvement in sentiment,” according to James Butterfill, head of research at CoinShares.Related: Bitcoin still on track for $1.8M in 2035, says analystInvestor sentiment appeared to improve after US President Donald Trump said that import tariffs on Chinese goods will “come down substantially,” adopting a softer tone in negotiations.The de-escalation and growing ETF inflows pushed Bitcoin price above $93,000 for the first time in seven weeks, Cointelegraph reported on April 23.The growing institutional investment and presence of ETFs may also accelerate the historic four-year cycle and bolster BTC to new highs before the end of 2025, analysts told Cointelegraph.US dollar weakness may reinforce Bitcoin’s safe-haven appealThe US dollar’s weakness may contribute to the growing investor demand for Bitcoin. DXY, year-to-date chart. Source: Cointelegraph/TradingView The US Dollar Index (DXY), which measures the strength of the greenback against a basket of leading fiat currencies, fell nearly 9% since the beginning of 2025, to an over three-year low of 98.8 last seen in April 2022, TradingView data shows.“Macro factors like a weakening dollar and rising gold correlation,” may reinforce Bitcoin’s appeal as a hedge against economic volatility, Ryan Lee, chief analyst at Bitget Research, told Cointelegraph.Related: Crypto, stocks enter ‘new phase of trade war’ as US-China tensions riseBitcoin no longer trading in the “shadow of tech”Crypto and traditional stock markets are “walking a tightrope between political drama and economic reality,” with Bitcoin staging a significant rebound thanks to “strong ETF inflows, institutional acquisitions, and a weakening US dollar,” according to Nexo dispatch analyst Iliya Kalchev:“Bitcoin’s strength amid dollar weakness, record gold prices, and renewed institutional buying reflects a market recalibrating what safety looks like.”“The conversation has clearly shifted. Bitcoin is no longer trading in the shadows of tech — it’s becoming a lens through which macro uncertainty is priced,” he added.Nansen CEO Alex Svanevik also praised Bitcoin’s resilience, noting that the maturing asset is becoming “less Nasdaq — more gold” over the past two weeks, increasingly acting as a safe haven asset against economic turmoil, though concerns over economic recession may limit its price trajectory.On April 21, BitMEX co-founder Arthur Hayes predicted that this might be the “last chance” to buy Bitcoin below $100,000, as the incoming US Treasury buybacks may signal the next significant catalyst for Bitcoin price.Magazine: Bitcoin’s odds of June highs, SOL’s $485M outflows, and more: Hodler’s Digest, March 2 – 8

Binance tightens South African compliance rules for crypto transfers  
Binance tightens South African compliance rules for crypto transfers  

Binance is set to implement new compliance measures for South African users, requiring sender and receiver information for all crypto deposits and withdrawals.In an announcement on April 23, the largest exchange in terms of daily trading volume of cryptocurrencies said the move comes in response to local regulatory demands.Starting April 30, Binance users in South Africa will be prompted to provide additional information when transferring crypto.For deposits, users must disclose the sender’s full name, country of residence, and, if applicable, the name of the originating crypto exchange. Similarly, withdrawals will require beneficiary details before processing.Binance to require information for all crypto transfers in South Africa. Source: BinanceThe update will only impact crypto deposits and withdrawals, leaving trading and other platform features unaffected.Related: US judge transfers Binance lawsuit to Florida, citing first-to-file ruleMissing transfer details may reverse transactionsBinance warned that failure to provide the required information may result in delayed transactions or, in some cases, a return of funds to the sender.In preparation for the rollout, users will need to re-login to their accounts starting April 24.The change comes as South Africa moves to boost oversight of the rapidly moving crypto sector.On April 2, Bloomberg reported that South Africa’s Revenue Service (SARS) is urging individuals, crypto exchanges and intermediaries involved in crypto transactions to register with the authority, warning that failure to do so is now illegal.In March, the Financial Sector Conduct Authority (FSCA) of South Africa issued a public warning against two unlicensed crypto firms, Afriinvest and Mutualwealth, accusing them of soliciting investments while promising unrealistic returns of up to 10,000 rand ($542) per day.Related: Binance, KuCoin, MEXC report service issues due to AWS network interruptionSouth Africa pushes to become key crypto hubEmerging economies across Africa, particularly South Africa, are positioning themselves as potential digital asset hubs amid growing regulatory clarity, Ben Caselin, chief marketing officer (CMO) of Johannesburg-based crypto exchange VALR, told Cointelegraph in September 2024.Caselin said that South Africa’s strong legal framework and ease of business make it a key entry point for crypto expansion across the continent.The South African crypto market is projected to generate $278 million in revenue in 2025, with expectations to grow at a compound annual growth rate (CAGR) of 7.86% and reach $332.9 million by 2028, according to Statista.Revenue in South Africa’s crypto market is expected to grow by 7.86% by 2028. Source: StatistaRegulatory momentum is increasing, with the FSCA approving 59 crypto platform licenses in March 2024, while over 260 applications remain under review.Cointelegraph contacted Binance for comments but did not receive a response by publication.Magazine: Former Love Island star’s tips on how to go viral in crypto: Van00sa, X Hall of Flame

SEC says it won’t re-file fraud case against Hex’s Richard Heart  
SEC says it won’t re-file fraud case against Hex’s Richard Heart  

The US Securities and Exchange Commission has said it doesn’t intend to refile its securities fraud complaint against Hex founder Richard Schueler, who goes by Richard Heart.“Plaintiff Securities and Exchange Commission provides this notice that it does not intend to file an amended complaint in this matter,” the regulator’s lawyer, Matthew Gulde, stated in an April 21 letter to New York District Court Judge Carol Bagley Amon. The court had previously dismissed the SEC’s original complaint on Feb. 28 as Judge Amon said the regulator failed to establish that it had jurisdiction over Heart’s activities, which she said were not specifically targeted at US investors.She granted leave for the SEC to file an amended complaint by March 20, later extending the deadline to April 21.Heart posted to X on April 22 that “Richard Heart, PulseChain, PulseX, and HEX have defeated the SEC completely and have achieved regulatory clarity that nearly no other coins have.”Letter from the SEC to Judge Amon. Source: PACERHeart added that the SEC walked away from some of its other cryptocurrency cases voluntarily, but claimed his was the only case where “the SEC lost and crypto won across the board, with a dismissal in court of every single claim the SEC brought.”Heart said it was a victory for open-source software, cryptocurrency and free speech because the SEC “actually sued software code itself in this case.” SEC hunted Heart in FinlandThe SEC sued Heart in July 2023 for alleged unregistered securities offerings of three tokens, HEX, PulseChain (PLS), and PulseX (PSLX), claiming he made more than $1 billion by touting the tokens as a “pathway to grandiose wealth for investors.”In April 2024, Heart tried to have the suit tossed, claiming the regulator “has no sway over him,” because he didn’t reside in the United States. Related: Finnish police seize watches worth $2.6M from Hex founder Richard Heart: ReportThe SEC opposed this in August, claiming he touted the tokens at a Las Vegas event. In December 2024, Interpol issued a Red Notice for Heart, seeking his arrest in Finland, where he was also suspected of tax evasion. The PulseChain native token (HEX) hit an all-time high of $0.031 in December 2024 but has since tanked 76% as most altcoins have failed to follow Bitcoin’s momentum this year. The SEC has dropped or suspended several cases against crypto firms so far this year under the Trump administration.Magazine: Altcoin season to hit in Q2? Mantra’s plan to win trust: Hodler’s Digest

Open chat
1
BlockFo Chat
Hello 👋, How can we help you?
📱 When you've pressed the BlockFo button, we automatically transfer to WhatsApp 🔝🔐
🖥️ Or, if you use a PC or Mac, then we'll open a new window to load your desktop app.