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SEC’s Gary Gensler dodges question on whether Ethereum is a security

SEC Chair Gary Gensler did not give a direct answer when asked whether Ether is a security or a commodity at a congressional oversight hearing on Tuesday. 

From the Forkast crypto archive

WASHINGTON, DC – SEPTEMBER 15: Securities and Exchange Commission (SEC) Chair Gary Gensler testifies before the Senate Banking, Housing, and Urban Affairs Committee, on Capitol Hill, September 15, 2022 in Washington, DC. The Committee met to hold an oversight hearing on the SEC. (Photo by Kevin Dietsch/Getty Images)

Securities and Exchange Commission (SEC) Chair Gary Gensler did not give a direct answer when asked whether Ether, the native cryptocurrency of the Ethereum blockchain, is a security or a commodity at a congressional oversight hearing on Tuesday. 

See related story: CFTC chair calls Ethereum a commodity, in contrast to SEC chair Gensler’s position

Fast facts

  • Gensler directly addressed the House Financial Services Committee (HFSC) for the first time since October 2021, which was before the collapse of FTX and crypto-friendly banks, including Signature, Silicon Valley Bank, and Silvergate. 
  • Gensler did not give a clear and direct answer to Congressman Patrick McHenry, the committee chairman, who asked if Ether, the second-largest cryptocurrency by market capitalization, is a security. 
  • “Actually, all securities are commodities under the Commodity Exchange Act. It’s that we are excluded commodities. But I would agree that a security cannot be also an excluded commodity and an included commodity,” responded Gensler.
  • Regulators and prosecutors have held contrasting views on how to classify Ether. The Attorney General of New York recently called it a security, but the Commodity Futures Trading Commission Chair Rostin Behnam argued that it is a commodity.
  • Gensler hinted on multiple occasions that he may view cryptocurrencies based on the proof-of-stake consensus mechanism, such as Ether, as securities.
  • In May 2022, Gensler publicly labeled Bitcoin, the world’s largest cryptocurrency by market cap, as a commodity. 
  • Gensler told the HFSC on Tuesday that the SEC needs more resources and bodies to regulate the crypto asset class.
  • Late last month, Gensler testified before the Subcommittee on Financial Services and General Government and requested US$2.4 billion in funding from Congress for the agency’s operations, which includes its cryptocurrency crackdown.

See related story: SEC chair Gensler: No plans to ban crypto, says it’s ‘up to Congress’

(Updates to fifth and eighth graph)