Seven-State Coalition Opposes SEC's Cryptocurrency Regulation

The Office of the Attorney General of Iowa announced earlier this month that Iowa Attorney General Brenna Bird led a seven-state coalition in filing an amicus brief opposing the U.S. Securities and Exchange Commission’s (SEC) attempt to regulate cryptocurrencies.

Seven U.S. states have joined forces to challenge the Securities and Exchange Commission’s (SEC) authority to regulate cryptocurrency in an amicus brief filed on July 10. The brief argues that the SEC’s attempt to regulate cryptocurrencies without clear congressional authorization violates the Administrative Procedure Act and the Major Questions Doctrine.

The states also contend that the SEC’s broad interpretation of its authority would stifle innovation, harm the crypto industry, and allow scammers to evade state consumer protection laws. They urge the court to limit the SEC’s authority to regulate cryptocurrencies and protect states’ ability to regulate within their borders.

The seven states that signed onto the amicus brief are Arkansas, Indiana, Iowa, Kansas, Montana, Nebraska, and Oklahoma. The brief was filed in support of a lawsuit brought by the Chamber of Digital Commerce against the SEC over its regulation of cryptocurrencies.

In the brief, the states argue that the SEC’s attempt to regulate cryptocurrencies is a “backdoor effort to obtain expansive authority over an entire industry without any clear direction from Congress.” The states contend that the SEC is trying to avoid the normal legislative process and obtain broad authority through administrative fiat.

The brief also argues that the SEC’s broad interpretation of its authority would stifle innovation and harm the crypto industry. The states argue that the SEC’s heavy-handed approach would discourage entrepreneurs from entering the crypto market and drive innovation overseas.

Finally, the brief argues that the SEC’s attempt to preempt state law would allow scammers to evade state consumer protection laws. The states argue that the SEC’s broad interpretation of its authority would prevent states from taking action against crypto scams, leaving investors vulnerable to fraud.

The seven states that signed onto the amicus brief are among the most crypto-friendly states in the U.S. Several of these states have already passed laws to regulate cryptocurrencies and protect consumers from scams.

The states’ challenge to the SEC’s authority is likely to be closely watched by the crypto industry and legal experts. The outcome of the case could have a significant impact on the future of cryptocurrency regulation in the U.S.

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