Feb 11, 2023
Crypto Community Outraged Over SEC Charges Against Kraken

Outrage has been growing in the crypto space over the recent charges brought against Kraken by the United States Securities Exchange Commission (SEC) in relation to its staking-as-a-service program. On Feb. 9, the SEC announced that Kraken had failed to register the offer and sale of its crypto asset staking-as-a-service program, which the SEC believes is qualified as securities under its purview.
Kraken has agreed to settle the charges by paying a $30 million fine and ceasing to offer staking services to U.S. retail investors, though they will continue to be available offshore. This decision has drawn criticism from not only the general crypto community, but also investors, politicians, and industry executives.
Adam Cochran, a partner at Cinneamhain Ventures and an Ethereum bull, took to Twitter to call out SEC chief Gary Gensler, describing him as “an agent of an anti-crypto agenda” and questioning why the same standards weren’t applied to Sam Bankman-Fried and FTX. Kristin Smith, CEO of the Blockchain Association, issued a statement on Twitter, arguing that this is a textbook example of why Congress – not the SEC – should be working with industry players to craft appropriate legislation.
U.S. Congressman Tom Emmer, a long-time critic of Gary Gensler, also weighed in, pointing out the importance of staking in the crypto ecosystem and how the “purgatory strategy” will hurt “everyday Americans the most”, as they may soon be forced to seek such services offshore.
Ryan Sean Adams, the founder of the Ethereum show Bankless, suggested that the SEC could have taken other measures rather than charging Kraken out of the blue, such as mandating proof-of-reserves, requiring staking transparency, or supporting decentralized staking.
Not all were against the SEC’s decision, however. Michael Saylor, a Bitcoin bull, agreed with Gensler’s analysis that retail investors “lose control” of their tokens when they’re delegated to external staking service providers. Jake Chervinsky, the attorney and chief policy officer of the Blockchain Association, noted that such “settlements are not law” and that Kraken’s decision to settle was likely an economic decision rather than a legal one.
The SEC’s actions have raised concerns about the future of staking services, as well as the potential impact on Ethereum’s consensus layer, given that Kraken is the fourth-largest validator on Ethereum, according to on-chain metrics platform Nansen. Coinbase CEO Brian Armstrong has warned that “regulation by enforcement” would be a “terrible path” for U.S. innovators, as they’ll be forced to push more of their services offshore.
The debate around the SEC’s charges against Kraken has highlighted the importance of staking services in the web3 space, as well as the need for appropriate legislation and regulation to ensure the security of crypto assets and the growth of the industry.
NFTs have become a popular way to promote digital assets, with many investors and companies looking to leverage the unique capabilities of NFTs to engage with their audiences and boost their visibility. NFT marketing has become a hot topic, with many companies turning to specialized NFT marketing agencies to help them create and promote their NFTs.
Twitter has become a popular platform for NFT promotion, with many companies and individuals taking to the platform to share their NFTs and promote their work. NFT marketing agencies are leveraging the power of Twitter to help their clients reach a wider audience and increase their sales.
NFTs are also being used to reward customers, with some companies offering discounts and rewards for customers who purchase their NFTs. This is a great way to drive sales, as customers are incentivized to purchase the NFTs in order to get the rewards.
The recent charges against Kraken have highlighted the importance of understanding the regulatory environment when it comes to selling NFTs. Companies should ensure they are compliant with all applicable regulations and seek professional advice before launching their NFTs.
The debate around the charges against Kraken have further highlighted the need for appropriate legislation and regulation to ensure the security of crypto assets and the growth of the industry. As NFTs become more popular and mainstream, it is essential that companies understand the legal and regulatory environment in which they are operating and ensure they are compliant with all applicable regulations.
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