Is the Howey Test Still Relevant? Ripple’s Alderoty Questions SEC’s Approach

• Ripple’s CLO criticizes Hinman’s speech for creating regulatory confusion in crypto.
• Court rulings on XRP and BNB emphasize case-by-case analysis of crypto transactions.
• The Howey Test remains central to determining whether a crypto asset is a security.

Ripple’s Chief Legal Officer, Stuart Alderoty, reignited debate over regulatory clarity in the cryptocurrency space, criticizing a pivotal 2018 speech by former SEC Director William Hinman as a “fairy tale.”

Alderoty argued that Hinman’s speech, which suggested cryptocurrencies could “magically morph” between securities and non-securities, has created confusion in the market.

Hinman’s 2018 speech was a fairy tale that a token could magically morph between security and non-security. SEC’s lawyers told Hinman that wasn’t the law and his speech would create market confusion. Friday’s Binance decision again tries to bury the ghost of Hinman.

Creating…

— Stuart Alderoty (@s_alderoty) June 30, 2024

Alderoty’s comments came in the wake of a recent court ruling in the SEC’s case against Binance, which echoed a previous decision regarding Ripple’s XRP token. In both cases, the judges rejected the SEC’s …

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