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Coinbase Wants SEC's Emails, the Agency Refuses

The SEC and Coinbase are locked in a fierce legal battle over regulatory transparency

August 6, 2024 10:15 AM

Reading time: 2 minutes, 34 seconds

TL;DR Coinbase demands extensive documents from the SEC, while the regulator pushes back, claiming the requests are overly broad and burdensome. The court's decision will be pivotal for the crypto industry's future.

Coinbase's Document Demands

The crypto exchange Coinbase has urged the U.S. Securities and Exchange Commission (SEC) to provide more documents containing internal digital asset discussions. These documents are crucial for Coinbase's defense in its ongoing legal battle with the SEC.

In a court document filed on Monday, the SEC requested a New York court to deny Coinbase's subpoena. The subpoena aims to compel the agency to provide documents related to crypto assets, which the SEC described as "essentially all documents that in any way relate to crypto assets."

SEC's Pushback

The SEC claimed it had accommodated Coinbase's requests by disclosing additional documents, including fair notice and documents from investigative files outside the Coinbase case.

However unsatisfied, Coinbase continued to press the SEC to conduct a sprawling search of all agency records, including all internal files and all communications with government agencies and market participants.

The SEC wrote, "Unsatisfied, Coinbase continued to press the SEC to conduct a sprawling search of all agency records."

The agency added that Coinbase failed to cite any former cases or legal principles to support its "extraordinary" requests. The SEC summed up that Coinbase sought "entirely irrelevant" documents on a weak basis that could supposedly relate to Coinbase's services or the application of securities laws to digital assets.

Legal Rejections and Responses

Coinbase had requested the court issue a subpoena to SEC Chair Gary Gensler. They sought a search of Gensler's emails as a source of discovery. U.S. District Judge Katherine Polk Failla of New York had rejected this request.

Last year, the SEC sued Coinbase for operating as an unregistered securities exchange. The core of the dispute lies in the SEC's assertion that many cryptocurrencies offered on Coinbase are securities subject to their regulations. Coinbase disagrees, arguing that most cryptocurrencies are digital commodities and not securities.

Battle for Transparency

Paul Grewal, Coinbase's Chief Legal Officer, posted an update on X, revealing that the SEC has responded to Coinbase's July 24 request for documents. These documents aim to shed light on the SEC's inconsistent positions on digital assets and its regulatory authority.

Grewal stressed the importance of the SEC's transparency, particularly given its forceful regulatory actions. "If the SEC is going to engage in an unprecedented regulation by enforcement campaign, the least they owe to those they target - and the public - is transparency," Grewal commented.

Court's Analysis and Future Implications

The legal battle between the two began in June 2023 when the SEC sued, arguing that Coinbase operates an unregistered securities exchange, broker, and clearing agency.

Coinbase argues that the SEC is overstepping its regulatory authority and needs to provide clear guidelines on what constitutes security. The company claims the SEC's documents will demonstrate this need for more clarity.

At the start of July, a U.S. judge said Coinbase's justifications for the subpoena were unimpressive. Despite this finding, accessing these documents was a "critical" part of the motion Coinbase filed in late July. The SEC and Coinbase have yet to respond to requests for comments.

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