The clash between Ripple and the SEC has intensified, drawing attention to a crucial legal concept – the Howey test. This test holds the key to whether Ripple’s XRP token is classified as a security, a designation with major regulatory implications. Fresh insights have emerged, revealing a potential crack in the SEC’s case.
Could this be the turning point for Ripple? Read on to find out the latest developments and what they mean for the future of XRP.
Understanding Judge Torres’ Critique
Ripple’s Chief Legal Officer, Stuart Alderoty, made a bold move by unveiling Judge Analisa Torres’ critique of the SEC’s use of the Howey test on cryptocurrencies. This test, a legal benchmark, determines if a transaction qualifies as an “investment contract.”
During a spirited exchange, Alderoty stressed Judge Torres’ viewpoint, noting her observation that the SEC’s broad interpretation of the Howey test strays from its original intent. Torres highlighted inconsistencies where promoters made explicit promises to investors about a specific business venture.
This revelation follows a recent ruling involving Coinbase. U.S. District Judge Katherine Polk Failla allowed the SEC’s lawsuit against Coinbase to proceed, though Coinbase achieved some victories within the case.
Read More: Ripple vs. SEC: Key April Dates to Watch for the XRP Lawsuit
What About Failla’s Ruling?
Alderoty further dissected Failla’s ruling, focusing on a section discussing different interpretations of a crypto “ecosystem.” He highlighted the SEC’s claim that purchasing any token implies investing in an undefined “ecosystem,” regardless of the buyer’s intentions.
Interestingly, this mirrors Judge Torres’ sentiments in the Ripple-SEC case. Torres meticulously reviewed the evidence, concluding that the SEC had strayed from the original intent of the Howey test. This was especially evident when marketers refrained from making explicit promises about a specific business venture.
Speculation and Insight
In a thought-provoking post, Ernesto Kapiris raised doubts about whether the SEC could change its stance and appeal on XRP’s security status, despite its previous declaration against appealing. Ripple may have a strong case if the SEC shifts its position and appeals in the future.
Bill Morgan proposed an intriguing perspective in response to Kapiris. The SEC might not be aiming to challenge the classification of cryptocurrencies like XRP as securities. Instead, they could seek a broader ruling stating that while cryptocurrencies themselves aren’t securities, any transaction involving them constitutes an investment contract.
Experts suggest that this uncertainty could impact the XRP price trajectory in the coming days.
Also Read: Ripple CTO Busts Top XRP Price Myths: Here’s Everything You Need to Know!
