US Supreme Court hands Coinbase key win

  • The US Supreme Court ruled that the district court must stay proceedings in a class action lawsuit when interlocutory appeal is ongoing.
  • Coinbase filed an appeal after its motion to compel arbitration was denied.
  • The ruling comes days after Coinbase was sued by the SEC over allegations of violating securities laws.

Coinbase has scored a notable victory after the US Supreme court’s ruling on its appeal over arbitration.

On Friday, the apex US court ruled in favour of the crypto exchange’s argument, stating that a federal court must stay proceedings in a lawsuit where a defendant’s appeal for arbitration is ongoing.

US Supreme Court sides with Coinbase

The Supreme Court’s verdict comes after the exchange filed an appeal earlier this year after its “motion to compel arbitration” was denied the US District Court for the Northern District of California.

Coinbase moved to file an interlocutory appeal and sought to have the District Court stay proceedings of a class action lawsuit pending the resolution of its appeal. That too had been denied at the US Court of Appeals for the Ninth Circuit.

“When a federal district court denies a motion to compel arbitration, the losing party has a statutory right to an interlocutory appeal. The sole question here is whether the district court must stay its pre-trial and trial proceedings while the interlocutory appeal is ongoing. The answer is yes: The district court must stay its proceedings,” Justice Brett Kavanaugh noted in the Supreme Court’s opinion.

Coinbase is facing a class action lawsuit filed by Abraham Bielski at the US District Court for the Northern District of California, in which he alleges that the US-based cryptocurrency exchange “failed to replace funds fraudulently taken from the users’ accounts.”

The Supreme Court notes in its ruling that “Coinbase’s User Agreement provides for dispute resolution through binding arbitration.” This is what informed the exchange’s move to file for arbitration – which the lower courts denied.

“We are grateful to the Supreme Court for its careful review. Another example of why I believe in the American court system. The rule of law is sometime slow, and at times disappointing. But it remains our last, best hope in an imperfect democracy,” Coinbase Chief Legal Officer Paul Grewal tweeted.

While the majority was in favour of Coinbase, Justice Ketanji Brown Jackson dissented, noting that “today’s majority invents a new stay rule perpetually favoring one class of litigants—defendants seeking arbitration.” 

According to Justice Jackson, the move could have “significant implications for federal litigation.”

Coinbase was recently sued by the US Securities and Exchange Commission (SEC) over allegations of violating securities laws.

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Fed Chair Powell: ‘we do see payment stablecoins as a form of money’

  • Powell testified before the House Financial Services Committee today.
  • He discussed a range of topics around digital assets on Wednesday.
  • Bitcoin surpassed the $30,000 level today for the first in two months.

Cryptocurrencies seem to have some “staying power” as an asset class, says Jerome Powell – Chair of the U.S. Federal Reserve.

Fed should have a role in crypto legislation

On Wednesday, he also argued that the central bank should have a role to play in the regulatory framework being developed for stablecoins.

We do see payment stablecoins as a form of money. The ultimate source of credibility in money is central bank. We believe it would be appropriate to have a robust federal role.

Chair Powell made these remarks in his testimony before the House Financial Services Committee today.

Interestingly, his statement signalled acceptance of crypto assets even though the SEC has recently filed a lawsuit against both Binance and Coinbase Global Inc.

CBDC is not likely any time soon

Chair Powell confirmed this morning that members of the Federal Reserve have held discussions with lawmakers on crypto legislation.

Leaving us [U.S. Federal Reserve] with a weak role and allowing a lot of private money creation at the state level would be a mistake.

In his testimony, he also said that a central bank digital currency or a “CBDC” is unlikely any time soon. His remarks arrive shortly after the FOMC skipped a rate hike for the first time since March of 2022.

Also on Wednesday, bitcoin surpassed the $30,000 level and technicals suggest it could go further up to $34,000, as per Glassnode – an on-chain data provider (find out more).

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EU lawmakers vote for landmark Artificial Intelligence regulation

  • The European Union Parliament has voted in favour of an AI Act.
  • If ratified, the law will require AI systems like ChatGPT to first undergo review before release to the public.
  • The regulation also seeks a ban on real-time biometric recognition.

The European Parliament has yet again made a landmark move with regard to regulation of the rapidly growing Artificial Intelligence (AI) industry.

This is after a critical vote in the European Parliament on Wednesday saw the approval of European Union’s AI regulation – the EU AI Act.

EU’s AI Act saw 499 lawmakers vote in favor, with 28 against. There were 93 abstentions. According to a CNBC report published June 14, the bloc’s vote now paves the way for the potential formalization of the first AI regulations into law in the West.

But first, it moves to trilogue negotiations, with parliament expected to defend its strong position on the matter in negotiations that will involve the European Commission and the EU Council of Ministers.

Ban on remote biometric identification

The EU’s approach to the AI regulatory framework comes at a time the sector is seeing massive growth and adoption, particularly after the explosive reception that ChatGPT, a generative AI tool by OpenAI, received globally. 

Concerns over the potential impact of unchecked developments has prompted various governments and regulatory bodies to seek policy guidelines. If passed into law, the Act will required AI tools to be reviewed and approved before they are released to the public.

Lawmakers also affirmed the ban on real-time remote biometric identification (RBI).Also banned is predictive policing, internet-scrapped facial recognition, and emotion recognition software, Euractiv reported.

The EU parliament’s vote is the first major move towards this by a tier 1 jurisdiction. The US has recently met with players within the industry, while the UK has also sought to take measures, with Prime Minister Rishi Sunak advocating for AI safety regulation on Monday.

An AI Act for the EU comes after the adoption of MiCA, the crypto rules that are set to go into effect in 2024.

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Bitstamp registered as a cryptoasset business by UK’s FCA

  • Bitstamp is now among 42 firms listed by the Financial Conduct Authority (FCA) as registered cryptoasset businesses.
  • The exchange’s UK arm was added to the list on June 13, 2023.
  • It joins other platforms like eToro, Revolut and Moonpay on the FCA list of firms complying with Money Laundering, Terrorist Financing and Transfer of Regulations (MLRs).

Crypto exchange Bitstamp has been registered as a cryptoasset business by the UK’s Financial Conduct Authority (FCA), joining a small list of crypto firms to be duly registered in the United Kingdom.

Bitstamp UK Limited is FCA’s only crypto exchange registration so far in 2023, with its licensing as compliant with the Money Laundering, Terrorist Financing and Transfer of Regulations 2017 (MLRs) effective on June 13. 

“The achievement acknowledges Bitstamp for our constant and unwavering commitment to operating at the highest standard. It additionally confirms that our platform offers compliant and secure access to cryptocurrencies in the UK, in accordance with the strict requirements set forth by the FCA,” Bitstamp wrote in a blog announcement on Tuesday.

The other platform to receive FCA’s nod was online trading platform Interactive Brokers Limited.

Bitstamp joins eToro and Revolut on FCA list

The FCA now lists 42 crypto and crypto related firms registered under compliance with the MLRs, including Ziglu Limited, Gemini Payments UK LTD, Zumo Financial Services Limited, Coinpass Limited, Baanx.com Ltd, ICONOMI LTD, Fidelity Digital Assets, Bitpanda Custody Ltd, Wintermute Trading LTD, Galaxy Digital UK Limited, MoonPay (UK) Limited, eToro (UK) Ltd and Revolut.

For Bitstamp, the UK regulator’s move now sees the exchange have approval across 52 jurisdictions globally. The exchange serves both institutional and retail customers, including providing crypto custody services, fiat-to-crypto purchases and sales and crypto-to-crypto trading. 

Registration comes amid the crackdown on crypto exchanges in the US, with both Binance and Coinbase sued by the SEC. The not-so-friendly crypto regulation environment in the US has seen Asia, particularly Hong Kong and UAE look to take advantage in quest to become crypto hubs.

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Hinman speech contained “made-up analysis”, Ripple’s Chief legal officer says

  • Former SEC official William Hinman delivered his speech in June 2018, commenting that Bitcoin and Ether were not securities.
  • SEC sued Ripple Labs in December 2020, alleging that the company illegally sold unregistered securities in the form of its XRP token.
  • Ripple attorney Stuart Alderoty says the documents contained “made-up analysis.”

Ripple news today is that the US-based company continues to edge closer to a verdict in its battle against the US Securities and Exchange Commission (SEC). 

This follows Tuesday’s release of documents related to a speech by former SEC official William Hinman, which was delivered in June 2018. 

The price of XRP, the native Ripple cryptocurrency that the SEC alleges is a security in a lawsuit filed in 2020, rose more than 8% to above $0.55.

Ripple lawyer comments on release of Hinman emails

The document’s release to the public means Hinman’s views about cryptocurrencies deemed as securities. 

Specifically, the former SEC Division of Corporation Finance official highlighted in his 2018 speech that Bitcoin (BTC) and Ethereum (ETH) were not securities.

Commenting on the release of the files, Ripple’s Chief Legal Officer Stuart Alderoty tweeted:

“It’s been 5 years since Bill Hinman gave his infamous speech – and through the SEC’s lawsuit against @Ripple (and 7 court orders), we can finally share what happened behind the scenes through the now public emails / drafts of the speech.”

On Hinman’s comments, Ripple’s legal chief stated the ex-SEC official ignored warnings about his remarks and that he included “made up analysis with no basis in law.”

“We now can all see Hinman ignored multiple warnings that his speech contained made-up analysis with no basis in law, was divorced from the Howey factors, exposed regulatory gaps, and would create not just confusion, but “greater confusion” in the market,” he added.

“A refresher: Hinman, as Head of the SEC’s Corp Fin, gave a speech in June 2018 declaring that a token is not a security once it becomes “sufficiently decentralized” and he invented factors to consider when making a “sufficiently decentralized” determination.“

It is these statements that are now at the center of Ripple’s defense, with the company having maintained since December 2020 that XRP is not a security. 

The belief that the SEC is losing this case is the reason the community’s sentiment has become so upbeat in recent weeks.

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