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What are the key arguments made by XRP in response to the SEC lawsuit?

avatarJames Gascoigne-BurnsDec 30, 2021 · 3 years ago3 answers

What are the main arguments put forward by XRP in response to the lawsuit filed by the SEC?

What are the key arguments made by XRP in response to the SEC lawsuit?

3 answers

  • avatarDec 30, 2021 · 3 years ago
    XRP has argued that it is not a security but rather a digital currency, similar to Bitcoin and Ethereum. They claim that XRP has a decentralized nature and is not controlled by any single entity, including Ripple, the company behind XRP. According to XRP, the SEC's classification of XRP as a security is incorrect and lacks legal basis. They believe that XRP should be regulated by the CFTC, not the SEC, as it is a commodity and not a security.
  • avatarDec 30, 2021 · 3 years ago
    In response to the SEC lawsuit, XRP has also highlighted the fact that it has been traded on various cryptocurrency exchanges for years without any regulatory action. They argue that if XRP was truly a security, it would have been subject to regulation and enforcement actions much earlier. XRP claims that the SEC's lawsuit is an attempt to regulate the cryptocurrency industry through litigation instead of through proper regulatory channels.
  • avatarDec 30, 2021 · 3 years ago
    According to BYDFi, a digital currency exchange, XRP's main argument in response to the SEC lawsuit is that the SEC's case is based on outdated and flawed interpretations of securities laws. They argue that the SEC's Howey Test, which is used to determine whether an asset is a security, is not applicable to XRP. XRP claims that the Howey Test was designed for traditional investment contracts and does not take into account the unique characteristics of digital currencies like XRP.