There has been much gnashing and simping over the announcement of an SEC lawsuit against Ripple, one of the more controversial cryptocurrencies on the market. For some, the move is confirmation of their fears that XRP is a scam, and carries with it an advisement to purchase Bitcoin. Others are holding the line, suggesting the storm will work itself out and leave Ripple stronger than before.
I tend to be in the latter category, perhaps driven in part by my long-time holding of the currency, but also because the lawsuit itself seems rather like a rather flimsy last-ditch attempt at relevance by Jay Clayton, the outdoing SEC chairman and historical big bank shill. Take a look at the government’s statement:
“We allege that Ripple, Larsen, and Garlinghouse failed to register their ongoing offer and sale of billions of XRP to retail investors, which deprived potential purchasers of adequate disclosures about XRP and Ripple’s business and other important long-standing protections that are fundamental to our robust public market system.”
The SEC’s argument hinges around the idea that Ripple should have been registered as a security (like a stock) rather than a currency, and thus their practices are problematic under federal law. They claim that the coin’s coming into existence with an existing trove of units rather than gradual mining of new ones pushes it outside the cryptocurrency category, as buyers were purchasing coins from the company itself.
Much as this might seem devastating to XRP’s future, it runs up against an obvious issue: the government previously granted Ripple the status of a currency, and thus will have to go against its prior declarations. While the SEC has won lawsuits against other altcoins in the past, this was following the release of a 2017 directive on their part, a rule which post-dated the ICO of Ripple. Thus Jay Clayton and Co. will need to prove XRP was running afoul of existing rules despite the relatively uncharted waters of cryptocurrencies in federal code.
Another obstacle for the federales surrounds the openness of the global community. Although Uncle Sam might well crackdown on firms like Ripple, other jurisdictions could opt for looser restrictions, or perhaps adopt XRP for themselves. It is not beyond the realm of possibility that smaller countries begin to use Ripple, and geopolitical opponents may well do the same. In any case, the nature of crypto makes it difficult for a single bureaucratic move to put the kibosh on all hope.
Of course this could just as easily be investment white-knighting on my own part, but at least the cheap price of Ripple makes any future collapse largely nonthreatening.