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Hinman Emails Show SEC Just Making It Up As They Go
Plus Binance lives to fight another day
The Breakdown First Five - Tuesday June 13, 2023
Welcome back to The Breakdown First Five — the 5 most interesting and/or important stories in bitcoin, crypto, and markets to start your day.
5. Four Months
The SEC wants four months for staff to put together a recommendation on the Coinbase petition for rulemaking. After that maybe it can go to a vote. The SEC was forced by the Court to give a timeline but remained committed to dragging their feet on rulemaking. But don’t worry, they say industry crippling enforcement action is totally consistent with not publishing clear rules.
A few minutes ago, the SEC filed its response to the last week's Third Circuit. You can read it for yourself below together with my own initial read of it. 1/5
— paulgrewal.eth (@iampaulgrewal)
10:10 PM • Jun 13, 2023
4. Mining Survey
New research has delved deeper into the Bitcoin network than ever before. Coinmetrics looked at the digital fingerprint of major ASICs to profile which rigs were mining Bitcoin over the years. This method revealed a more accurate measure of electricity usage and e-waste than ever before, coming in lower than the previous estimate from Cambridge and the wild guess from Digiconomist.
Unsurprisingly, using direct data yields better (and lower) estimates of electricity consumption than Digiconomist (obviously) but also the prior state of the art from Cambridge. Huge contribution to the debate over BTC resource consumption
— nic 🌠 carter (@nic__carter)
12:41 PM • Jun 13, 2023
3. Selling, the rumor
CZ hit back at rumors that Binance was selling Bitcoin to buy BNB, keeping the flailing exchange token afloat. After plummeting for a week, BNB has recently held the line at $220. Analysts are seeing unusual activity on exchanges. After Skew tweeted the below, CZ just says 4, they haven’t sold anything.
Can confirm this is true,
Looks like BTC is being sold off for USDT reserves
USDT reserves are being pumped into BNB aggressively since 27th May
BNB is being sold off for BUSD to suppress volatility in BTC
BUSD is pumped into BTC to suppress downside volatility so BTC can be… twitter.com/i/web/status/1…
— Skew Δ (@52kskew)
9:05 PM • Jun 13, 2023
2. Binance US lives to fight another day
Binance US has avoided a business crippling asset freeze in its showdown with the SEC. During the hearing, the Judge expressed frustration with the SEC’s inability to clearly put their case or even to articulate which Crypto assets are securities. Parties were sent away to negotiate terms for a compromise order that would allow Binance US to continue operating while keeping customer assets safe from misappropriation.
BREAKING: SEC v. @binance hearing
Judge does Not enter SEC's requested asset freeze order.
Judge encourages parties to try to come to an agreed compromise order and report back on Thursday.
The judge, apparently, caught on that there was no actual emergency.
I am told the… twitter.com/i/web/status/1…
— MetaLawMan (@MetaLawMan)
9:29 PM • Jun 13, 2023
1. Hinman emails
The highly anticipated Hinman emails have been released in the Ripple case. The comments from inside the SEC didn’t show any nefarious plotting, just general confusion on how Crypto should be approached by the regulator. Some called for clear market guidance, even back in 2018. Others advocated for strategic ambiguity. Hinman was even warned that he was just making up the law rather than analyzing it.
1/ It’s been 5 years since Bill Hinman gave his infamous speech – and through the SEC’s lawsuit against @Ripple (and 7 court orders), we can finally share what happened behind the scenes through the now public emails / drafts of the speech.
— Stuart Alderoty (@s_alderoty)
12:48 PM • Jun 13, 2023
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