Arman Shirinyan
Ethereum is commodity, and some people are ready to defend that statement in court
Coinbase CFO Paul Grewal has asserted that “Ethereum is a commodity.” This claim is not without merit; the characteristics and the use of Ethereum in the digital asset space do somewhat align with the typical attributes of a commodity.
Ethereum serves as “fuel” for decentralized applications and smart contracts, rather than representing an investment in an enterprise, which is a critical distinction in the security vs. commodity debate. Additionally, the Commodity Futures Trading Commission (CFTC), which regulates U.S. commodity trades, has previously suggested that it sees Ethereum as a commodity.
The backdrop to this conversation is the recent lawsuit filed by Consensys against the Securities and Exchange Commission (SEC). Consensys views the SEC’s actions as unwarranted overreach into the industry, particularly Ethereum.
They argue that the SEC’s actions could affect innovation and progress within the industry. This lawsuit underscores the industry’s need for clear, consistent and fair regulatory frameworks that do not suppress technological advancement or innovation.
Ethereum’s classification matters greatly. If deemed a security, Ethereum would fall under a different regulatory framework, potentially imposing stricter controls and dampening the openness that has allowed the ecosystem to flourish. Classifying ETH as a commodity supports the idea that Ethereum is a foundational technology, rather than a financial product offered by a central entity.
Consensys’ stance is clear: Ethereum is about unlocking a permissionless, decentralized financial ecosystem. This concept is central to the ethos of decentralized technology and stands in stark contrast to the SEC’s alleged approach, which some view as attempting to retroactively apply traditional securities laws to a rapidly evolving technology.
We are yet to see the outcome of the upcoming process, but Consensys creates a case that attracts the most prominent personas in the digital assets industry, like Paul Grewal.
