If the agency sticks to dismissing arguments from crypto businesses that say they’re being put in impossible positions, the SEC will be approving rules that the firms contend will push them into existential crisis or inability to comply. As a result, the companies will surely keep doing what they’ve been doing: challenging the regulator in court. It’s possible that, beyond the current dispute over what makes a security, the digital assets sector will be arguing in court over what makes an exchange, a dealer and a qualified custodian.


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