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The SEC has told us it wants to sue us over Lend. We don’t know why (blog.coinbase.com)

437 points by jbegley · 1841 days ago · 415 comments on HN

Article summary

The SEC has issued a Wells notice to Coinbase, indicating its intention to sue the company over its planned Lend program, without specifying the reasons. Coinbase claims to have been engaging with the SEC for nearly six months and is surprised by the threat to sue. The company is being transparent about the situation and wants to inform its users. The SEC is assessing Coinbase's Lend product through the prism of decades-old Supreme Court cases.

Main themes

  • SEC regulation
  • Coinbase Lend program
  • securities law
  • transparency and accountability
  • regulatory uncertainty
  • cryptocurrency and financial markets

What commenters say

  • The article appears to be a PR post that backfired and is now being scrutinized by regulators and the public.
  • Coinbase's lack of understanding of securities law is concerning, given its market cap and role in the financial industry.
  • The SEC's decision to sue Coinbase may be related to the application of the Howey and Reves cases, which are used to determine whether a product is a security.
  • The company's decision to host its blog on Medium has raised questions about its security and reliability.
  • The SEC owes the public clarity on its legal reasoning, but Coinbase may not be being fully transparent about its situation.
  • The article's disappearance from the internet has sparked speculation about censorship and the power of regulatory bodies.
  • Coinbase's CEO and general counsel may be pretending to be clueless about securities law to rile up their user base.
  • The company's legal and accounting advice may be inadequate, given its failure to anticipate the SEC's concerns.