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Court Orders SEC to Justify Rejection of Coinbase's Crypto Rulemaking Petition

A federal appeals court calls the SEC's denial of Coinbase's request for clear crypto regulations 'arbitrary and capricious' but stops short of requiring new rules.

  • The U.S. Court of Appeals for the Third Circuit ruled that the SEC must provide a detailed explanation for its rejection of Coinbase’s 2022 petition for crypto-specific rules.
  • The court described the SEC’s refusal as 'arbitrary and capricious' but declined to mandate the creation of new regulations for digital assets.
  • Judge Stephanos Bibas criticized the SEC’s approach, warning against 'sporadically enforcing ill-fitting rules' that could harm the crypto industry.
  • Coinbase has accused the SEC of using enforcement actions to target the industry rather than providing clear guidance, a practice critics call 'regulation by enforcement.'
  • The decision comes just days before SEC Chair Gary Gensler’s resignation, with incoming leadership expected to potentially shift the agency’s stance on crypto oversight.
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