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The recent Ethereum merge has attracted the attention of authorities, analysts, and investors around the world. However, while the whole crypto community was watching the crucial transition of Ethereum\u2019s mainnet from Proof-of-Work (PoW) to Proof-of-Stake (PoS), U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler spoke out about the transition, which will be enough to bring Ethereum under SEC\u2019s radar.<\/p>\n
On Thursday, SEC Chair Gary Gensler said<\/a> that the native PoS cryptocurrencies might be considered to abide by federal securities regulations, and the recently merged Ethereum is no exception.<\/a> Gensler noted that staked cryptocurrencies that generate profits for investors could easily pass the Howey test.<\/p>\n The Howey test is a security test for cryptocurrencies; if the test is passed, the cryptocurrency will be considered an investment contract that must follow federal security laws to continue further expansion in the market. An asset is concluded as an investment contract if the money is invested to fund an enterprise with an expectation to generate profits.\u00a0<\/p>\n When Ethereum was based on the Proof-of-Work mechanism, it was not considered an investment contract, and thus it was not required to follow federal security laws. Gary Gensler assured that no crypto coins would be spared from these laws.<\/p>\n Regarding this, SEC stated, \u201cFrom the coin\u2019s perspective\u2026that\u2019s another indicia that under the Howey test, the investing public is anticipating profits based on the efforts of others. It looks very similar \u2013 with some changes of labeling \u2013 to lending.\u201d<\/p>\n<\/blockquote>\n The SEC can make legal trouble for Ethereum following the XRP lawsuit<\/a>. John Deaton, Amicus Curiae in the Ripple lawsuit, said that the Ethereum merge might turn out to be dangerous for the decentralized community, and the SEC can take up the charge and go after PoS tokens.<\/p>\n\n
XRP Lawyers Predict The Future Road<\/h2>\n