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Two SEC Commissioners Oppose Denial of Coinbase Petition for Crypto Rulemaking

The Commission has denied the Petition for Rulemaking filed on behalf of Coinbase Global, Inc. (“Petitioner”) on July 21, 2022.[1] We disagree with the Commission’s decision.

We acknowledge that the Commission has broad discretion to set the timing and priorities of its rulemaking agenda. In our view, the Petition raises issues presented by new technologies and other innovations, and addressing these important issues is a core part of being a responsible regulator. Any exploration of these issues should include public roundtables, concept releases, and requests for comment, which would afford us the opportunity to hear from a wide range of market participants and other interested parties. Then, using what has been learned, the Commission could issue guidance or engage in rulemaking as needed.

The public benefits from open conversations about how new products and services can be offered within a sensible regulatory framework to meet the needs of our fellow Americans. We hope that interested persons continue to posit specific rule changes, guidance, and exemptions that would form a useful basis for the crypto industry to continue its development within the United States. While we are disappointed that the Commission is not hosting these important conversations, we will have an open ear for conversations that others host and the ideas that emerge from those conversations.

ENDNOTE

 [1] See Letter from the Secretary to Paul Grewal, Chief Legal Officer, Coinbase Global, Inc. (Dec. 15, 2023), available at https://www.sec.gov/files/rules/petitions/2023/4-789-letter-secretary-grewal-121523.pdf.

 

This statement was issued on December 15, 2023, by Hester M. Peirce and Mark T. Uyeda, commissioners of the U.S. Securities and Exchange Commission.