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September 09, 2024
Coinbase scores partial victory in legal battle against the SEC đź‘€

Crypto exchange Coinbase secured a partial victory in federal court this week in its ongoing legal battle with the U.S. Securities and Exchange Commission (SEC).

In a filing dated Sept. 5, the US District Court for the Southern District of New York, Judge Katherine Failla partially granted Coinbase’s motion to compel the SEC to hand over documents related to the agency’s categorization of crypto tokens as securities.

In an X post, Coinbase chief legal officer Paul Grewal noted that the order would force the SEC to produce “important discovery” in the civil case.

Coinbase has been embroiled in a legal battle with the SEC since the regulator filed an enforcement action against it in June last year. The SEC alleged that Coinbase violated securities laws by operating as an unregistered exchange, broker, and clearing agency.

In July, Coinbase filed a motion to compel discovery, alleging that the agency had failed to hand over materials that form the very basis of its defense in the case. This includes documents concerning “tokens and services and the application of the securities laws to digital assets.” Basically, it refers to documents pertaining to how the Howey Test is applied to crypto tokens by the agency.

The exchange also asked for documents related to the deliberation of Coinbase’s initial public offering, and statements made by Chair Gary Gensler on crypto.

In August, the SEC argued that Coinbase’s requests were too broad and that the firm was attempting to access documents that had no bearing on the case.

Judge partially curbs the reach of Coinbase’s subpoena

In June, Coinbase had served a subpoena to Gensler to produce his private emails that Coinbase claimed were crucial to the ongoing case. The documents in question dated back to 2017, four years before he was sworn in as chairman of the SEC in 2021.

The exchange later amended its subpoena to include only documents dated since his swearing-in ceremony. However, Coinbase dropped its request for Gensler’s personal communications “on the basis of an explicit representation that SEC counsel made to Judge Failla herself,” Grewal told The Block.

Grewal further explained that the SEC allegedly “under penalty of perjury for all practical purposes” swore to the judge that Gensler never used personal communication modes to conduct SEC business. This forced the exchange to abandon the pusuit of the documents, Grewal added.

Coinbase had requested that the SEC conduct a preliminary search of non-enforcement files and provide a report on any relevant findings, to address the SEC’s unfounded burden claims. This request was directed at top SEC leadership as well as current and former SEC commissioners. In response, the agency had proposed producing the search results for five staff members, an anonymous source told The Block.

The judge, however, ordered the SEC to expand its search but did not concede to the Coinbase’s request to the fullest degree. For instance, the judge excluded present and former commissioners from the list. Furthermore, in her order, the judge granted the SEC’s motion to “permanently file under seal” certain redactions.

The anonymous source added that the SEC only has to hand over internal documents that have external attachments.

Grewal further stated:

“While it may be the case that we withdrew one particular request, and the judge recognized certain reasonable limits, this was an order granting the heart of the discovery that we have been seeking for months.”

Judge Failla’s order came the same day that another federal judge gave the green light to proceed with a class action lawsuit against Coinbase. The lawsuit alleges that the exchange has downplayed the risks of its ongoing lawsuit with the SEC to its users.

https://cryptoslate.com/coinbase-scores-partial-victory-in-legal-battle-against-the-sec/

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September 14, 2024
⚠️ Fantom Update ⚠️

🎉BIG NEWS! 🚀 Fantom is transforming into Sonic Labs, and excited to announce that the new $S token will be a 1:1 swap for Fantom at launch! 🔄

🕰️ If I had to guess, we're just a month away from the official Sonic launch! ⏰ To get ready for the new era, check out the brand new website and documentation at: https://www.soniclabs.com/ 📊 🔍 Explore the latest updates on their blockchain technology and innovative solutions 🤝 Get the inside scoop on their partnerships! 👀

👉 Don't miss out on this opportunity to be a part of the Sonic Labs journey! Stay tuned for more updates and get ready to swap your Fantom for the new $S token!

00:01:22
September 10, 2024
đź‘€ The moment Joe Biden indirectly confirmed BlackRock is running US Government đź‘‚

The moment Joe Biden indirectly confirmed BlackRock is running US Government

“Mr. Fink — I call you Larry...we go back a long way at BlackRock.” - Joe Biden

00:00:28
⚠️National Guard has begun deploying in hotels around the New York City⚠️

Federal law enforcement agents are circulating a powerful rumor that the National Guard has begun deploying in hotels around the New York City courthouse.

The reason?

President Trump is reportedly set to be sentenced in September and could be taken straight to jail.

00:00:48
41 institutions join BIS tokenized cross border payment Project Agorá 🏦

Today the Institute of International Finance (IIF) released the names of 41 firms selected to participate in the public – private tests of Project Agorá. It’s an ambitious project initiated by the BIS to modernize correspondent banking using a unified ledger, tokenized deposits and wholesale CBDC from seven central banks.

One of the key impediments to smooth cross border payments is compliance. With Project Agorá, the aim is to perform screening at the start of the payment process and to share it across the banks, helping to reduce one of the major delays in cross border payments – every bank doing the same checks independently, sometimes with different results.

A key benefit of tokenization is there is no separation of the message and money movement, so the money either moves or it does not. This should avoid one of the great frustrations of end users – money in limbo.

In late May the BIS wrote a brief paper outlining its vision for modernizing correspondent banking. It highlighted how ...

đź’Ą Open Ocean Coming To Sonic đź’Ą

We're bringing the all-in-one trading solution [OpenOcean](https://openocean.finance/) to Sonic 🚀 🔑

Unlocking the power of a leading DEX aggregator, cross-chain swaps, gasless limit orders, and DCA tool — with 0 hidden platform fees!

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Streamlining the global movement of digital assets and currencies đź‘€

We’re paving the way towards real-world solutions that will enable our members to access and transact with regulated digital assets and currencies on the Swift network. This follows a series of groundbreaking experiments conducted with our community in recent years, which we’re now advancing to the next stage.

Interest in digital assets and currencies continues to grow, with the last two years bringing greater clarity on the potential value of these developments to the industry.

Forecasts for the growth of digital assets are wide ranging. For instance, Standard Chartered and Synpulse recently estimated that the market size of real-world tokenised assets will climb as high as $30 trillion by 2034. Market sentiment is certainly strong with 91% of institutional investors interested in investing in tokenised assets, according to a survey by Celent and BNY Mellon

"Our vision is for our members to be able to use their Swift connection to transact interchangeably using both existing and emerging asset and currency types."

...

September 14, 2024
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SEC crypto enforcement hits $4.7B this year, rising 3,000% from 2023
The SEC is having a record crypto enforcement year, bolstered by a $4.47 billion settlement with Terraform Labs and its former CEO, Do Kwon.

The United States Securities and Exchange Commission has imposed nearly $4.7 billion worth of enforcement actions against crypto firms and executives in 2024, an over 3,000% jump from 2023.

The SEC’s record-setting year was mostly boosted by its massive $4.47 billion settlement with Terraform Labs and its former CEO Do Kwon in June — its “largest enforcement action to date,” according to a Sept. 9 report from Social Capital Markets.

The regulator’s 11 enforcement actions in 2024 netted a 3,018% increase from its $150.3 million worth of fines in 2023 despite taking 19 fewer actions against crypto firms.

The total monetary enforcement amount won by the SEC in 2024 eclipses the combined total amount between 2013 and 2023. Source: Social Capital Markets

The total fine amounts included forfeiture, disgorgement, civil penalties, settlement and prejudgment interest, which were counted from when the SEC initiated the enforcement action.

This year’s hike in fines suggests the SEC has made a strategic shift toward targeting more influential cases.

“This trend indicates a strategic shift by the SEC toward fewer but larger fines, with a focus on making high-impact enforcement actions that set precedents for the entire industry,” the report stated.

The SEC hit the social messaging network Telegram with a $1.24 billion action in 2019, comprised of $18.5 million in civil penalties and $1.2 billion in disgorgement paid back to investors.

Social Capital Market said the case significantly contributed to the average fine rising nearly 2,000% year-on-year to over $70 million in 2019.

The next four years saw the average fine hover between $5 million and $35.2 million before the Terraform Labs case brought 2024’s average fine above $420 million. 

GTV Media Group, Ripple Labs, and fraudsters John and Tina Barksdale are among those the SEC has fined with an enforcement amount exceeding $100 million.

That said, 46% of the fines imposed since 2020 have been below $1 million, while 30% fell between the $1 million and $10 million range.

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September 14, 2024
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Kraken Fights SEC Lawsuit, Demands Jury Trial Over Crypto Claims

Kraken is seeking a jury trial in its legal battle with the SEC, defending against claims of unregistered securities and asserting its First Amendment rights.

SEC Takes Legal Action Against Kraken

Kraken, a well-known cryptocurrency exchange, is seeking a jury trial in response to the U.S. Securities and Exchange Commission’s (SEC) lawsuit. Similar to Binance and Coinbase, Kraken faces allegations of violating federal securities laws for not registering as a broker, clearinghouse, or exchange. The exchange asked a California court to defend its case, and last month, a judge ruled that the lawsuit will proceed to trial.

The SEC had sued Kraken in November of the previous year in the Northern District of California, asking the court to halt Kraken’s alleged securities violations. The regulator also demanded Kraken return its “ill-gotten gains” and pay additional penalties. The SEC listed 11 cryptocurrencies, including ADA, ALGO, SOL, and MATIC, as unregistered securities offered on Kraken’s platform.

Kraken's Legal Defense

In a court filing, Kraken denied any wrongdoing, presenting 18 defenses against the SEC’s claims. The exchange argued that the Securities Act and Exchange Act do not cover digital assets, and therefore, Kraken was not required to register with the SEC. Kraken emphasized that it is neither an exchange, a broker, nor a clearinghouse under current laws.

Kraken explained that the digital assets listed on its platform do not qualify as investment contracts because they lack the typical features of traditional financial instruments like stocks or bonds. The company contended that the SEC lacks authority to regulate its operations, asserting that the services Kraken offers, such as margin trading and over-the-counter desks, do not transform the platform into a securities exchange.

First Amendment and Fair Notice Arguments

Kraken also accused the SEC of violating its First Amendment rights. The company suggested that the SEC’s action was taken without proper due process or fair notice. According to Kraken, it was unfairly targeted for exercising its legal rights, which include providing services like instant buy features and other customer tools.

In summary, Kraken is prepared to defend its position in court, arguing that the SEC’s claims are based on misinterpretations of the law and that digital assets should not fall under traditional securities regulations. Kraken’s insistence on a jury trial reflects its confidence in its legal strategy and the desire to challenge the SEC’s authority over cryptocurrency exchanges.

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September 14, 2024
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The Importance of Crypto Wallet Security: Why You Should Protect Your Digital Assets

Learn the importance of crypto wallet security and why protecting your digital assets is crucial. Get tips to safeguard your cryptocurrency now!

Although the cryptocurrency world has great profit potential and offers a new form of financial freedom, it also comes with risks. What if your digital assets are suddenly gone?

Many cryptocurrency holders become cybercrime victims and end up losing their hard-earned assets due to theft and fraud. However, you can prevent this nightmare scenario with wallet security. This guide delves into the importance of crypto wallet security and explores the best ways to protect your digital wealth. Read on!

The Vulnerability of Crypto Wallets

The cryptocurrency world is growing non-stop. More and more people invest in these assets every day. These tokens are even used by gambling sites!

Unfortunately, the growing popularity of cryptocurrencies has attracted the attention of many cybercriminals. Many attacks target crypto wallets, which you can use to store, send, and receive your digital assets. These tools hold the public and private keys necessary to access and manage your cryptocurrencies.

The public key is like an address or bank account number, so it can be shared publicly. This alphanumeric string is used to receive digital currency in the crypto wallet, so it doesn't contain sensitive information.

Contrastingly, the private key gives you control over your digital assets, as it authorizes transactions and allows you to access your funds. It's randomly generated, so other people will have a hard time trying to guess it. However, this secret code is responsible for your investment security. Therefore, you must keep it confidential.

Types of Crypto Wallets

No one can access your crypto wallet and assets without your private key, but this isn't the only thing you should pay attention to. Optimal crypto wallet security must include measures to protect your private key, of course. That's non-negotiable. However, these protocols must be adapted to each tool.

For example, a crypto wallet can be a mobile, desktop, or web-based software application or a physical device. Each requires specific security measures to prevent unauthorized access and transactions.

Below are the most common types of crypto wallets:

Software Wallets

As mentioned, these are software applications and may include the following:

Mobile Wallets

These wallets are designed to be installed on mobile devices, such as smartphones. As such, they provide go-to access to cryptocurrencies and ensure that transactions are fast. Although they're convenient, mobile crypto wallets are vulnerable to different threats, such as malware, device theft, phishing, and other hacking attacks.

If you use mobile crypto wallets and want to protect your digital assets, it's recommended that you use robust authentication mechanisms, such as biometrics or Multifactor Authentication (MFA). Additionally, you can consider these tips for extra security:

  • Choose reliable and secure storage solutions for your credentials

  • Learn about the vulnerabilities of your wallet and device

     
  • Conduct regular security updates

  • Learn to mitigate common risks

Desktop Wallet

These wallets aren't installed on mobile devices but on personal computers. Thus, they offer enhanced security with more controls. For example, you can combine advanced software with hardware security modules (HSMs) to store your keys and protect your digital assets.

However, desktop wallets may be exposed to certain threats, such as keyloggers, malware, hacking attacks, and physical theft. The best thing you can do to protect your assets if you use a desktop wallet is to update your software regularly, prioritize malware protection, and rely on strong encryption.

Web-Based Wallets

Unlike the previous two types, these wallets aren't installed on a device. You can access them through your web browser, which means they're easy to use. However, convenience comes with a risk. Web-based wallets are highly vulnerable to cyber-attacks. Phishing is a common example, but more advanced ones can include cross-site scripting (XSS) and man-in-the-middle (MitM).

Protecting these wallets demands the implementation of content security policies (CSPs), authentication mechanisms, and end-to-end encryption, especially for sensitive operations. Regular security audits may also be required.

Hardware Wallets

As mentioned, these wallets are physical devices that don't connect directly to the internet. Since they're designed to store private keys offline, they significantly mitigate common online risks and provide a high level of security. Ledger and Trezor devices are popular options. Although they're significantly more secure, hardware wallets have certain disadvantages. For example, you should make sure their firmware is up-to-date and secure and protect their physical condition from damage or theft.

Paper Wallets

Essentially, these wallets are physical documents that allow you to print or write your keys on paper. As such, they aren't susceptible to digital attacks like the previous options. However, the physical risks are significantly higher. Paper wallets can be damaged, lost, or stolen. Therefore, you should store yours in a protected location that only authorized people can access and make multiple copies as a backup.

The Importance of Focusing on Each Type of Crypto Wallet's Security

It seems that the number of crimes against crypto wallets rises with the popularity of digital assets. Scams, thefts, and hacking attacks are increasingly common. Criminals are using innovative techniques to exploit security vulnerabilities and get their hands on people's investments.

Although better crypto wallets are also under development, the security of your digital assets greatly depends on you.  Besides choosing the right tools to store your cryptocurrencies, you must implement the necessary measures and protocols to ensure that no cybercriminal gains access to your private key or can make unauthorized transactions with your funds.

As explained above, crypto wallets come in various forms, and each one has its own security profile. That's why it's crucial to assess, understand, and address the differences of each one. Actually, it's the best way to safeguard your digital assets. Hardware wallets require physical protection against theft, damage, or loss, while those that are run over the web or installed on personal computers need solid malware protection.

Mobile wallets should have strong passwords and innovative authentication methods, while protecting paper ones involves securing safe locations and making copies for each, for example. If you tailor your security strategy to each specific crypto wallet, it'll be easier to reduce vulnerabilities, mitigate risks, and preserve your digital assets.

Final Thoughts

Crypto wallet security is essential to protect your investment, but it involves several key factors and should be suitable for the tools you use to store your assets. Use the information available above to design the best security strategy and safeguard your hard-earned cryptocurrencies!

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