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Crypto enthusiasts are wrong to target Gary Gensler

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Laws in the United States are the problem. Cryptocurrency advocates should focus on changing them — and, in the meantime, consider moving to the European Union.

The animus of the entire crypto world is focused on Securities and Exchange Commission Chair Gary Gensler.

Critics argue that he paints cryptocurrencies with too broad a brush. They argue that he gaslights well-meaning entrepreneurs by encouraging them to “come in and register,” knowing his process is set up for them to fail. They argue he knows new rules are needed but prefers to enforce impractical rules in order to stifle the industry altogether. And, of course, under his leadership, the SEC filed an enforcement action against Coinbase, arguing several top coins, including Polygon’s MATIC, Solana’s SOL and others are securities largely because their issuance involved capital formation, despite their necessity in operating underlying networks.

And it’s not just naysayers in the peanut gallery. The campaign is costing the United States dearly. Venture capital investment in the U.S. crypto industry has fallen this year compared to the European Union. America is losing its lead, and time is of the essence.

The cynical explanation for Gensler’s position is political. Gensler taught a course on blockchain at MIT and is on tape explaining how not all tokens are securities, so he presumably understands the nuances of digital assets. Rather, he is playing dumb to implicitly support the agenda of Massachusetts Senator Elizabeth Warren, who is mobilizing an “anti-crypto army” and has been informally deputized by the administration of President Joe Biden to define crypto policy. If Biden wins the presidency again, perhaps this will help Gensler earn an appointment as Treasury secretary.

In response, lawmakers are piling on with bills proposing to fire him. Representatives Warren Davidson and Tom Emmer introduced the “SEC Stabilization Act,” which proposes removing Gensler and restructuring the agency to make it less partisan.

This would be misguided — not because Gensler is in the right, but because his positions are not clearly wrong under current law.

The U.S. approach to securities law relies on the Howey test, which asks whether buyers have an “expectation of profit to be derived from the efforts of others.” Of course, buyer expectations can be influenced by but are not entirely in the issuer’s control. They might also be affected by trends in the market, groupthink or even whimsy. The benefit of this approach is that it is hard to game. But the cost is a “Schroedinger’s cat” paradox, wherein the very act of perception by third parties determines whether a token is a security or not. This deters capital formation by imposing enormous risk on entrepreneurs and users that is inherently out of their control.

This paradox is put in relief by the EU’s landmark Markets in Crypto-Assets (MiCA) legislation. The regulation acknowledges that utility tokens are not all financial instruments and prescribes clear and practical requirements for disclosure and behavior that legitimate projects are able to follow.

The EU defines securities based solely on factors in the control of the issuer, namely the structure of an instrument itself and the way it is marketed. This explains how MiCA so cleanly allows for utility tokens while the U.S. struggles with simply defining them.

This difference really matters. For example, imagine you are an entrepreneur issuing a governance token for a protocol that entitles holders to vote for changes to open-source software. In the EU, under MiCA, you can publish a transparent white paper and do your best to dispute any mischaracterizations. In the U.S., you can do the same, but you have no guarantee it’s enough.

If bad actors have conditioned buyers to expect profits from tokens writ large, you may be stuck. And since every new wave of technology gets hijacked by bad actors like Sam Bankman-Fried, there will always be bad actors who condition buyers when capital formation is most important for driving society forward.

As a result of the U.S. paradox, firing Gensler might provide temporary relief, but it would not necessarily solve the problem — which is a lack of clarity and adaptability. There is no guarantee that Gensler’s replacement will necessarily reach a different conclusion.

The only comprehensive solution is new legislation that refines the U.S. definition of a security or carves out a separate framework for digital asset issuers and exchanges. Until we see serious efforts at that, a sword of Damocles will forever hang over the U.S. crypto space, always just one election or chair away from being cut.

Cryptocurrency

Why Is the Cardano (ADA) Price Up by 16% Today?

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TL;DR

  • Cardano (ADA) made a strong comeback, soaring to a 14-week high after a double-digit daily surge.
  • The generally bullish market, among other reasons, has potentially fueled the asset’s rise.

Returning to the Top 10 Club

Cardano (ADA) experienced a notable resurgence in the past 24 hours, with its price jumping by approximately 20% at one point. It briefly exceeded $0.44, the highest level observed since July.

Currently, ADA trades at around $0.43, while its market capitalization is well above $15 billion. This means that the asset flipped Tron (TRX) to become the 10th-biggest in the entire crypto sector.

ADA Price
ADA Price, Source: CoinGecko

One potential factor fueling ADA’s impressive rally could be the market’s overall bullish environment. Most leading cryptocurrencies have been making gains since Donald Trump’s victory in the US presidential elections. Bitcoin (BTC), for instance, tapped a new all-time high of over $76,800.

Another element possibly contributing to the sector’s revival is the Federal Reserve’s decision to cut interest rates by 0.25%. Such a move makes money-borrowing cheaper and could increase the interest in risk-on assets like cryptocurrencies.

ADA’s double-digit price increase coincides with several on-chain indicators that flash bullish signals. The “In the Money” metric, which measures the change in the number of Cardano investors currently sitting on paper profits, is up by 13%. As of the moment, 36% of the token’s holders are in the green, while 58% remain underwater. 

In August this year, the percentage of profitable ADA investors dropped to almost 0%. Back then, the the asset’s valuation plunged below $0.30.

Last but not least, we will focus on the large transaction volume (where each on-chain ADA transaction exceeds $100,000). The figure reached $8.5 billion on November 8, representing a 13% spike in 24 hours. 

Is FOMO Coming Soon?

The market intelligence platform Santiment noted ADA’s pump, suggesting that “some retail FOMO” might follow next.

“This has been a long time coming for the patient ADA community,” the entity added.

Fear of Missing Out is a psychological phenomenon where people feel anxious to take action because they worry about missing an opportunity that others are currently experiencing.

As more investors rush to hop on the bandwagon, the asset’s value can explode. Each jump makes more people worry about missing potential gains, fueling additional demand.

With FOMO-driven buying, though, prices can fluctuate wildly. The volatility is often heightened as some early investors start to take profits, causing mini-sell-offs. This can turn into a cycle of panic selling, triggering substantial dips. 

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Elizzarda Now Supports Solana Deposits and Withdrawals, Expanding Cryptocurrency Options for Players

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[PRESS RELEASE – Nicosia, Cyprus, November 7th, 2024]

Elizzarda announced the addition of the Solana (SOL) cryptocurrency to the list of available payment options. Players can now use Solana to access a variety of games on Elizzarda. Special promotions related to the use of Solana will also be launched soon, bringing additional benefits to players.

Advantages of Solana for Elizzarda Players

Solana is one of the fastest and most accessible cryptocurrency networks, ideal for frequent and responsive transactions. With the introduction of Solana support, Elizzarda players will benefit from:

• Speed of transactions: Solana allows deposits and withdrawals to be processed instantly, giving players quick access to their money.

• Low fees: Solana is known for having some of the lowest transaction fees in the cryptocurrency world, which benefits players who can keep a large portion of their potential winnings.

• Security: Solana’s built-in blockchain technology ensures a high level of privacy and transaction transparency.

Elizzarda is always focused on the convenience and security of its users, and the integration of Solana reinforces these principles by providing even more reliable and affordable payment solutions.

Comment from Elizzarda’s CEO

CEO Jacob Granholm commented on the importance of Solana’s support to the development of the platform: “Solana was added to Elizzarda because its speed and low fees perfectly match our players’ expectations. This is another step towards improving the gaming experience and providing our users with the most modern and flexible financial solutions”.

By supporting Solana alongside Bitcoin, Ethereum, and other cryptocurrencies, Elizzarda affirms its position and commitment to innovation in online gambling.

About Elizzarda

Elizzarda is a major online platform that prioritizes security, innovation, and user experience. Since its inception, Elizzarda has focused on offering a wide selection of games and slots from leading providers. The platform now supports transactions in several popular cryptocurrencies such as Bitcoin, Ethereum, USDT, and Solana, offering players flexibility in payment methods and a comfortable gaming environment.

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Here’s What May Happen to the Ripple v. SEC Case Under Trump’s Administration (US Lawyer)

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TL;DR

  • Lawyers suggest that the lawsuit might be resolved with a potential $125 million settlement if the SEC leadership changes.
  • One of them believes that a complete dismissal of the case is “unrealistic.”

A Possible Resolution Next Year?

The lawsuit between Ripple and the US Securities and Exchange Commission (SEC) dates back to 2020, when the watchdog accused the company and some of its executives of illegally raising more than $1.3 billion in an unregistered securities offering by selling XRP.

The case went through several ups and downs in the following years, with Ripple securing some vital (yet partial) court wins. In the summer of 2023, for example, Judge Torres ruled that the firm’s XRP sales to retail investors on crypto exchanges did not violate securities laws. Earlier this year, though, she determined that Ripple’s direct sales of its native token to institutional investors violated federal securities laws, thus fining the enterprise $125 million.

The firm seemed ready to pay the penalty, thus settling the lawsuit. However, the SEC prolonged it by appealing the aforementioned 2023 verdict. The regulator’s action means that the official resolution of the legal battle may occur in a few years. 

Nonetheless, Donald Trump’s victory in the US presidential elections could bring the end closer. At least, that is what the American attorney Jeremy Hogan assumed.

Trump promised to fire the SEC’s Chairman Gary Gensler on day one after taking the helm. While his inauguration is set for January 20, Hogan believes Gensler will step down before that day. 

He predicted that the new agency leader might dispose of all non-fraud crypto lawsuits the regulator has filed over the years. The recommendation is expected to be approved by the Commissioners since the division will be comprised of Republicans.

According to Hogan, such an outcome would result in the settlement of the Ripple v. SEC case for the previously ruled amount of $125 million. 

“It would be…awkward to settle for less than what was already awarded by a Court! The Coinbase and other cases in litigation will simply be dismissed. This will take some time. Not January, but perhaps before summer. That’s my call, and I’m sticking to it,” the lawyer concluded.

An Additional Opinion

Fred Rispolianother US attorney who has been following the updates surrounding the Ripple v. SEC legal tusslealso chipped in. He claimed that the election of Trump should be considered “good news” as it will lead to “extreme changes” at the agency. He thinks those amendments will come into effect in March or April next year. 

Contrary to Hogan, Rispoli believes dismissing the lawsuit is “unrealistic.” In his view, the $125 million penalty is the biggest win the SEC can gain. The attorney also predicted that the regulator’s new potential leadership will “recognize this whole case was idiotic and settle at that point.”

“This might include a reduction in the fine and an agreement that current sales of XRP by Ripple are sufficiently structured to not be investment contracts,” Rispoli added.

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