ETH can be a security and a commodity: Former CFTC commissioner
Ether can simultaneously be a security and commodity under the regulatory scope of the SEC and CFTC, former CFTC commissioner Dan Berkovitz claimed. Ethereum’s native Ether (ETH) token may be both a commodity and a security, the former commissioner of the United States Commodities Futures Trading Commission has claimed. Speaking on a May 23 episode of Laura Shin’s Unchained podcast, Dan Berkovitz, who is also the former general counsel at the Securities and Exchange Commission, said that it’s legally possible for ETH to fall under the jurisdiction of both regulatory agencies. Laura Shin, Dan Berkovitz and Colin Lloyd speaking on the Unchained podcast. Source: YouTube The ongoing confusion over Ether’s legal status stems in large part from conflicting statements from the CFTC and the SEC. Over the course of the last six months, the CFTC has repeatedly called Ether, along with a number of other cryptocurrencies, a commodity. Meanwhile, the Gary Gensler-led SEC hasn’t explicitly provide...