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Consensys sues SEC for clarification on Ethereum (ETH) classification as a security

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Consensys sues SEC for clarification on Ethereum (ETH) classification as a security
  • Consensys recently received a Wells notice from the SEC for its MetaMask product.
  • Consensys aims to defend Ethereum’s status as a commodity.
  • The company also challenges SEC’s authority over cryptocurrencies.

Consensys, a prominent Ethereum developer, has filed a lawsuit against the U.S. Securities and Exchange Commission (SEC) over what it deems as an “unlawful seizure of authority” concerning Ethereum (ETH).

The lawsuit, filed in the District Court for the Northern District of Texas, marks a significant move in the ongoing battle between crypto firms and regulators.

Consensys disputes Ethereum’s classification

At the heart of the dispute lies the classification of Ethereum (ETH) as a security.

Consensys asserts that ETH should not be considered a security and contests the SEC’s investigation into its MetaMask wallet product based on this classification. The company argues that MetaMask, a widely-used wallet interface, does not operate as a securities broker under federal law.

Consensys recently received a Wells notice from the SEC, indicating the regulator’s intent to take enforcement action against the company for alleged securities law violations through its MetaMask product. However, the compnay denies these allegations, stating that MetaMask merely provides an interface and does not hold customers’ digital assets or conduct transactions.

Potential impact on Ethereum Network

Consensys warns that the SEC’s assertion of authority over Ethereum could have detrimental effects on both the Ethereum network and Consensys itself.

The company argues that the SEC’s actions contradict past statements regarding Ethereum’s classification as a commodity rather than a security. Moreover, Consensys highlights the regulatory consensus that has shaped its business operations and expresses concerns about the implications of the SEC’s new stance.

In recent months, the SEC has intensified its scrutiny of the crypto industry, targeting exchanges and companies alike and Consensys joins other industry players in seeking legal recourse to block the SEC from treating certain cryptocurrencies or companies as securities.

The lawsuit against the U.S. SEC reflects the growing tension between crypto firms and regulators, with implications extending beyond individual companies to the wider crypto community.

As the legal battle unfolds, the outcome could significantly influence the regulatory landscape for Ethereum and other cryptocurrencies.



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Ethereum

Ethereum Faces Sharp Decline As ETH Targets $3,051 Support Level

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Ethereum (ETH) is experiencing a significant downturn, with its price rapidly approaching the crucial support level of $3,051. This sharp decline highlights increased selling pressure and growing bearish sentiment in the market. 

As Ethereum nears this critical threshold, traders are closely monitoring its behavior for signs of either a stabilization or a further drop. The $3,051 support level is now a focal point, determining the short-term direction of Ethereum’s price action and potentially setting the stage for future movements in the cryptocurrency market. 

This article aims to analyze the sharp decline affecting the digital asset and its impact on the cryptocurrency’s price as it approaches the $3,051 support level. It also seeks to provide traders and investors with a comprehensive understanding of the current situation, potential scenarios if the support level holds or breaks, and strategies for managing risk in this volatile environment.

ETH’s price is currently trading at around $3,181 and down by 5.05% with a market capitalization of over $382 billion and a trading volume of over $18 billion as of the time of writing. In the past 24 hours, there has been a decrease of 5.25% in ETH’s market capitalization and a 74.43% increase in trading volume.

Technical Indicators Pointing To A Decline For Ethereum

A technical analysis of ETH’s price action on the 4-hour chart reveals that the crypto asset is actively bearish and trading below the 100-day Simple Moving Average (SMA). Ethereum has been consistently bearish since after breaching the $3,360 mark and is currently heading toward the $3,051 support level.

Ethereum
Source: ETHUSDT on Tradingview.com

Also, an analytical view of the 4-hour Composite Trend Oscillator shows that the price of ETH may continue its bearishness as both the signal line and the SMA of the indicator have dropped below 50% and are attempting a move into the oversold zone.

On the 1-day chart, the crypto asset has made a sharp drop below the 100-day SMA and is attempting a break below the bullish trend line while dropping toward the $3,051 support level.

Ethereum
Source: ETHUSDT on Tradingview.com

Finally, on the 1-day chart, the composite trend oscillator indicates a further bearish move of ETH as the signal and the SMA of the indicator are both trending in the oversold zone.

What If $3,051 Support Fails?

Analyzing potential outcomes if Ethereum breaks through the $3,051 support level reveals that if the digital asset breaks below this level, it may move lower to test the $2,865 support level and probably move on to test the $2,160 support level and other levels below if the price breaches this level.

However, if the price of Ethereum faces rejection at the $3,051 support level, it will begin to ascend toward the $3,360 resistance level. Should the asset breach this level, it may continue to climb to test the $3,659 resistance level and possibly move on to test other higher levels if it breaches the $3,659 level.

Ethereum
ETH trading at $3,165 on the 1D chart | Source: ETHUSDT on Tradingview.com

Featured image from iStock, chart from Traadingview.com



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Experts Eye Ethereum ETF Launch By Mid-July, Predict Price Rally

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The crypto industry is on the verge of a potentially significant development as key figures in the sector hint at the imminent approval of a spot Ethereum ETF in the United States, possibly triggering a notable price rally for ETH.
Nate Geraci, president of The ETF Store, shared insights into the expected timeline for the launch of the first spot Ethereum ETF.

According to Geraci, current forecasts by Bloomberg predict a mid-July launch. He detailed the procedural timeline via X, stating, “Wen spot eth ETF? BBG sticking w/ mid-July. Amended S-1s due July 8th. Potential final S-1s by July 12th. Would theoretically mean launch week of July 15th.”

In parallel, Steve Kurz, head of asset management at Galaxy Digital, confirmed to Bloomberg on July 2 that the U.S. Securities and Exchange Commission (SEC) might greenlight a spot Ethereum ETF before the month’s end.

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Kurz emphasized the extensive groundwork laid in collaboration with the SEC, drawing parallels between the proposed Ethereum ETF and Galaxy’s existing spot Bitcoin ETF (BTCO), created with Invesco. Kurz expressed confidence in their preparedness, remarking, “We know the plumbing, we know the process… The SEC is engaged.”

Bloomberg ETF analyst Eric Balchunas also chimed in, aligning with the mid-July expectations. He highlighted the SEC’s recent instructions to Ethereum ETF issuers for amending their S-1 registration forms by July 8, suggesting possible further amendments. Notably, the SEC approved rule changes under 19-b4 in May, facilitating the listing and trading of such funds, though the issuance of funds remained pending final approvals.

Ethereum Price Holds Above Key Support

The anticipation of these approvals appears to be having a stabilizing effect on Ethereum prices. Crypto analyst IncomeSharks, commenting on Ethereum’s current price trajectory via X, noted optimism for a near-term breakout, stating, “ETH – Looking more optimistic for a Q3 breakout. Liking the chances of a run towards $4,000 this or next month.” According to the chart shared by him, ETH price needs to hold the region of $3,300 to $3,350 in order to rally to $4,000.

Ethereum price analysis
Ethereum price analysis | Source: X @IncomeSharks

Supporting this sentiment, Cold Blooded Shiller highlighted the crucial need for Ethereum to demonstrate momentum at the current price levels, specifically around the $3,400 mark, as a key indicator for a potential high-time-frame impulse.

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“ETH is still in a fine position but it really needs to start showing some momentum soon. LTF divergences around this $3400 low are probably where I take one stab at trying to capture any HTF impulse away from the consolidation,” he remarked via X.

Adding historical perspective, analyst Jelle (@CryptoJelleNL) compared the current market phase to Ethereum’s long consolidation in 2016-2017 before its massive rally, urging persistence and optimism: “In 2016-2017, ETH consolidated for 50+ weeks before rallying nearly 12000 percent. Today, people are giving up after less than 20 weeks, with ETH ETFs right around the corner. Stick to the plan boys. The best is yet to come.”

At press time, ETH traded at $3,353.

Ethereum price
ETH holds above the 0.618 Fib, 1-week chart | Source: ETHUSD on TradingView.com

Featured image created with DALL·E, chart from TradingView.com



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ETH Price Dips As Ethereum ETF Approval Faces Delay

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Ethereum (ETH) price has encountered a setback after briefly surpassing the $3,500 mark on Monday, dropping once again to the $3,400 support level on Tuesday. The delay stems from the expected full approval by the SEC for Ethereum ETF applications, which have now been postponed to July 8.

SEC Requests Revised Filings

Analysts had initially anticipated approval by July 2, but the SEC has requested issuers to submit revised filings by July 8. Bloomberg ETF expert Erich Balchunas shared on social media that the SEC took additional time to provide feedback, resulting in a revised timeline. Balchunas stated

Unfort think we gonna have to push back our over/under till after holiday. Sounds like SEC took extra time to get back to ppl this wk (altho again very light tweaks) and from what I hear next wk is dead bc holiday = July 8th the process resumes and soon after that they’ll launch

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SEC Chair Gary Gensler previously indicated that Ethereum ETFs would likely receive approval by “the end of the summer.” The SEC is currently reviewing and approving the S-1 forms, which represent the second step in launching spot Ethereum ETFs. 

Despite the delay, asset managers remain optimistic about the SEC greenlighting the first US spot Ethereum ETF applications that directly invest in Ether, with expectations set for mid-July. A recent Bloomberg report highlighted the constructive dialogue between asset managers and the regulator.

Ethereum ETF Launch Inches Closer

Per the report, the regulator’s feedback provided minor questions that issuers are currently addressing. In May, the SEC approved the proposal by exchanges to list these products, requiring a separate approval for their launch.

Steve Kurz, head of asset management at Galaxy Digital, predicted the approval of an Ethereum ETF within the next couple of weeks. Galaxy Digital has filed for an Ether ETF, and Kurz expressed confidence in the process, emphasizing their familiarity with the requirements based on their experience with the Bitcoin ETF.

Several prominent firms, including BlackRock Inc., Fidelity Investments, 21Shares, and Invesco, have filings awaiting approval. The disclosure of fees on the respective funds is a necessary step before trading commences.

Assuming the funds receive a green light, one key question remains: Will Ether portfolios generate a similar level of demand as the historic debut of US spot-Bitcoin ETFs in January, which accumulated $52 billion in assets?

 $15 Billion In Inflows Within First 18 Months

As previously reported by NewsBTC, Ethereum ETFs may attract significant inflows in the first few months of trading, although they may not have the same volume of inflows as the newly approved Bitcoin ETF market. 

In a note to investors Bitwise’s Chief Investment Officer (CIO), Matt Hougan projected that these ETFs could see $15 billion in net inflows within their first 18 months of trading. 

To arrive at this estimate, Hougan considered the market capitalizations of Bitcoin and Ethereum, expecting investors to allocate to their respective exchange-traded products (ETPs) proportionally.

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Hougan pointed out that US investors have already invested $56 billion in Spot Bitcoin ETPs, and he anticipates this figure to reach $100 billion or more by the end of 2025. 

Drawing from this reference, he determined that Spot Ethereum ETFs would need to attract $35 billion in assets to match the Bitcoin ETFs, a process that could take around 18 months. 

Additionally, he noted that the Spot Ethereum ETFs would launch with $10 billion in assets, thanks to the conversion of the Grayscale Ethereum Trust (ETHE) into an ETF.

Ethereum ETFt
The daily chart shows ETH’s price trending downwards. Source: ETHUSD on TradingView.com

At the time of writing, ETH is trading at $3,418, recording significant losses in the monthly time frame amounting to over 9%. 

Featured image from DALL-E, chart from TradingView.com



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