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Lawyer Says United States SEC In A Tight Spot If They Approve Spot Ethereum ETFs

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Ethereum is a top performer in the top 10 most valuable coins. At press time, ETH is up an impressive 30% and steady above $3,700 as bulls slice through immediate resistance levels.

The trigger is the United States Securities and Exchange Commission (SEC) possibly approving the first spot Ethereum exchange-traded funds (ETFs) this week or in the coming days.

Why The United States SEC Approving Spot Ethereum ETFs Will Be Huge

However, while the excitement is high and traders expect further gains, even above $4,100 and all-time highs, the potential approval of this derivative product has ignited a legal debate surrounding the classification of ETH.

Jake Chervinsky, a lawyer who often comments on crypto matters, took to X, arguing that should the Commission proceed to greenlight the product, the decision would be a tacit acknowledgment on their part that all unstaked ETH in circulation is commodities, similar to Bitcoin

Chervinsky notes that this decision would be a major policy move from the strict regulator. Over the years, the United States SEC has hesitated to classify any asset besides Bitcoin as a commodity.

Any move to approve the spot Ethereum would be moving the Commission’s hand, indirectly making them endorse ETH as a commodity, similar to Bitcoin.

It would only make sense. Like spot Bitcoin ETFs issued by, among others, ProShares and Fidelity, the product will track the price of all unstaked ETH.  

Ethereum price trending upward on the daily chart | Source: ETHUSDT on Binance, TradingView
Ethereum price trending upward on the daily chart | Source: ETHUSDT on Binance, TradingView

Following the regulator’s reported request to direct interested spot ETH ETF issuers to amend their applications, analysts note an interesting change.

Combining the recent 19b-4 filings submitted to the United States from applicants like Grayscale, issuers continue to classify their shares under the “Commodity-Based Trust Shares” rule. 

Additionally, Fidelity’s application explicitly mentions that its ETH will not be staked. Some see this deliberate removal of staking from the equation as a strategic move to satisfy the regulator’s potential concerns about securities classification.

ETH Staking A Problem For Regulators

There are arguments that the United States SEC has resisted classifying ETH as a security because of staking. Being a proof-of-stake network, the promise of yield could likely be interpreted as the network offering a guaranteed profit or income. 

This feature, in turn, might align ETH as a security under the Howey Test criteria. In that case, ETH would be a security and must be registered with the regulator. 

Still, some say the Howey Test is obsolete, considering that Ethereum and digital assets in general are emerging asset classes.

Representative Tom Emmer took to X on May 21 to provide clarity, saying ongoing efforts are being made for legal clarity via the Securities Clarity Act. This legislation aims to establish that a token itself does not automatically constitute a security.

Feature image from Canva, chart from TradingView



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Ethereum

Ethereum’s True Value? Lower Than You Think

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Bitcoin maximalist Samson Mow has doubled up on his value criticism of Ethereum’s price, asserting ETH is still overvalued despite Bitcoin’s price almost quadrupling since 2022. The JAN3 CEO referred to the glaring disparity in performance between the two top cryptocurrencies over a near three-year span.

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Price Gap Grows As Bitcoin Rises

According to data, Ethereum now sits at $1,558, essentially the same as its August 2022 price of $1,600. Meanwhile, Bitcoin has climbed from $21,500 to $82,302 – an eye-popping 270% rise. The widening gap has only served to bolster Mow’s contention that Ethereum’s price does not correlate with its fundamentals.

Mow re-tweeted his August 23, 2022 post this week to emphasize his steadfast stance. His criticism focuses on supply variations between the cryptocurrencies. Bitcoin has less than 21 million overall coins, while Ethereum boasts 122 million circulating tokens.

‘60% Minted Out Of Thin Air’ Claim Targets Ethereum’s Origins

Based on Mow’s quotations, about 72 million ETH tokens (approximately 60% of the supply) were premined at the time of Ethereum’s launch. Token creation before the start of public mining has been quite an issue for purists in cryptocurrency for some time.

Possibly, the Bitcoin maximalist suggested that if 21 million coins were all there would be in supply for Ethereum like in Bitcoin, then each ETH would be valued today at around $9,300. Mow is again targeting investors in Ethereum, saying they are paying too much for an asset whose supply is exaggerated.

ETH is currently trading at $1,573. Chart: TradingView

Sensitive To Macroeconomic Forces

Ethereum recently fell to a multi-year low of $1,380 on the back of global tariff trade war tensions. The cryptocurrency bounced back immediately to $1,680 on April 9 after US President Donald Trump declared a three-month tariff tariff hike pause on various countries, with China being the exception.

These movements illustrate how both cryptocurrencies are still sensitive to macroeconomic forces even as they have different value propositions and market performances.

Ether down in the last week. Source: Coingecko

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Long-Standing Campaign Against Ethereum Continues

This is not Mow’s first time criticizing Ethereum. He has been vocal against ETH for years. In November 2024, he cautioned investors that the fate of Ethereum could be the same as their favorite tokens.

Mow, who forecasts Bitcoin to hit $1 million this year, has told investors to sell everything, including Ethereum, and invest in Bitcoin instead.

The debate underscores deep-seated differences in cryptocurrency investment philosophies. While Bitcoin maximalists such as Mow focus on scarcity and Bitcoin’s “digital gold” status, Ethereum supporters highlight the platform’s smart contract abilities and wider applications ecosystem.

As the price differential between the two leading cryptocurrencies continues to expand, these debates regarding relative value and suitable pricing models draw greater interest from investors and market analysts in common.

Featured image from Reuters, chart from TradingView





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Ethereum

Ethereum Leads Market-Wide Drawdown As Altcoin Correlation Spikes – Details

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Ethereum saw a powerful recovery this week, rebounding sharply from a $1,380 low and surging over 21% within hours. The rally was fueled by a temporary shift in macro sentiment following US President Donald Trump’s announcement of a 90-day pause on reciprocal tariffs for all countries except China, which remains under a 125% tariff. The news sparked a relief rally across financial markets, with Ethereum leading the bounce in the crypto sector.

Despite the strong move, ETH remains below key technical levels, and price action is showing signs of consolidation as bulls attempt to build momentum. The broader altcoin market continues to struggle, with sector-wide weakness weighing on investor confidence.

According to data from Glassnode, all major altcoin sectors have experienced sharp declines in recent months. The correction has been broad-based and highly correlated, offering little in terms of idiosyncratic performance. Even Bitcoin and Ethereum—typically seen as the most resilient assets in crypto—have posted negative returns over the same period.

As Ethereum enters a consolidation phase, traders are watching closely to see whether this bounce marks the beginning of a sustained recovery or just another short-lived reaction in a broader downtrend.

Ethereum Faces a Crucial Test Amid Macroeconomic Headwinds

Ethereum is once again at a pivotal point in the market, following weeks of intense selling pressure and uncertainty. After plunging to fresh lows, ETH bulls are finally stepping in, attempting to reclaim key levels after a strong bounce from the $1,380 mark. The move comes amid heightened volatility across global markets—not just in crypto, but in equities as well—as fears of a global recession and extended trade disputes between the U.S. and China continue to rattle investor sentiment.

Despite the bounce, Ethereum remains in fragile territory. The market is clearly divided: some investors see this rebound as the beginning of a recovery, while others caution it could be just a temporary pause in a deeper correction. The macroeconomic environment remains hostile, with U.S. tariffs still posing a major risk to both traditional and digital assets.

Glassnode data adds context to Ethereum’s struggle, showing that all altcoin sectors have moved sharply lower in recent months. There has been little differentiation between projects, with the drawdown being broad-based and highly correlated. Even Bitcoin and Ethereum—typically viewed as the strongest assets in crypto—have posted negative returns.

Ethereum leads altcoins drawdown | Source: Glassnode on X
Ethereum leads altcoins drawdown | Source: Glassnode on X

Ethereum has led this decline, losing over 60% of its value since late December. The sharp drop has triggered growing speculation about a potential bear market forming across the broader altcoin space. Whether this recent bounce will evolve into a sustainable rally or falter under macroeconomic pressure remains to be seen. For now, Ethereum faces a defining moment in its current cycle.

Bulls Struggles to Reclaim Key Levels But Defend $1,500

Ethereum is trading at $1,560 after failing to hold above the $1,600 mark and reclaim the critical $1,800 level. Despite the recent bounce from lower lows, ETH remains in a fragile position as market volatility rises and macroeconomic uncertainty continues to pressure risk assets.

ETH holding above $1,500 | Source: ETHUSDT chart on TradingView
ETH holding above $1,500 | Source: ETHUSDT chart on TradingView

Bulls are starting to build momentum, but the recovery is far from confirmed. Holding above $1,500 is now essential to prevent a continuation of the downtrend. This level has acted as a psychological support zone in previous market cycles, and losing it could trigger another wave of panic selling—especially as sentiment in the broader altcoin market remains subdued.

If bulls can defend the $1,500 level and consolidate above it, there’s a chance to reclaim higher levels in the short term, potentially challenging $1,600 again. However, a decisive break below $1,500 would likely lead to further downside, with price targets potentially extending into the $1,300–$1,200 range.

As volatility continues to drive erratic price action, ETH holders remain cautious. A confirmed push above $1,600 would help restore some confidence, but for now, Ethereum remains in a critical battle to hold its ground.

Featured image from Dall-E, chart from TradingView 

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Ethereum

Breakout To $1,800 With These Two Supply Zones

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Even with the Ethereum price struggling amid the market downturn, there are still some who remain bullish on the second-largest cryptocurrency by market cap. One of those is pseudonymous crypto analyst NotWojak, who took to the TradingView website to share a rather bullish prediction for the Ethereum price that goes contrary to the current market sentiment.

Bearish Ethereum Price Downtrend Coming To An End

The Ethereum price is still stuck in an apparent downtrend. However, according to the crypto analyst, this could be ending anytime soon with two supply zones coming up. So far, there have been multiple liquidity sweeps across major levels, sending the Ethereum price towards lower lows. Nevertheless, this could turn bullish soon as they could suggest a reversal is coming for the cryptocurrency.

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Currently, the two supply zones called out by the analyst are the $1,425 and $1,600 level. As they explain, the $1,425 level has already been mitigated during the latest retracement. So, this leaves only the $1,600 level unmitigated. As such, this could easily turn this level into resistance in the event of an uptrend.

Ethereum price
Source: TradingView.com

Despite sellers still dominating currently with high volumes pouring into the market, the crypto analyst puts the bottom before $1,350. In this case, this level could be potential support and the breakout could begin from here.

The target for this major breakout has been placed 20% above the current level, with the analyst setting a high $1,835 target. This could lead to further upside, especially if resistances are easily cleared from here.

ETH On-Chain

Ethereum’s profitability has plummeted with the price decline as only 32% of all investors are seeing any profit on their positions. On the other side, 65% of all holders are in losses and only 2% are sitting at breakeven price, according to data from the on-chain data aggregation website, IntoTheBlock.

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Ethereum whales have also been very active during this time and this could mean that large investors have been behind the selling that has crashed the ETH price. Large transactions rose from $4.8 billion to $6.48 billion by April 9 as the Ethernet price dropped back below $1,500.

Average transaction size also grew during the this time from $4,048 to $5,415. This suggests that investors are moving more coins at the time, which could explain the increased selling that has plagued the cryptocurrency. If this continues, then the ETH price could see further crashes from here.

Average transaction size Ethereum
Source: IntoTheBlock

At the time of writing, the Ethereum price was trending at $1,544, down 4.56% in the last day.

Ethereum price chart from TradingView.com
ETH bulls continue the battle with bears | Source: ETHUSDT on TradingView.com

Featured image from Dall.E, chart from TradingView.com



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