U.Today - Entrepreneur and owner of the Dallas Mavericks Mark Cuban by challenging SEC Chairman Gary Gensler's regulatory stance on digital assets.
Cuban took to , questioning Gensler's consistent categorization of token holders as investors, a term he implies may not be applicable across the board.
He underscored the need to differentiate between tokens that are actively enhancing, supporting and promoting their platforms from those that are not.
The entrepreneur highlighted the nuanced nature of cryptocurrencies and their potential for decentralized governance, a factor that the current regulatory environment may overlook.
The billionaire entrepreneur also touched on the topic of declining investments in the crypto market over the past year. He suggested this decline might indicate that many tokens are no longer being actively supported or promoted, and therefore, may not meet the "Howey Test" criteria to be classified as investment contracts. His comments hint at a potential regulatory oversight that could stifle innovation and negatively impact the crypto ecosystem.
The backdrop to Cuban's questioning was the recent speculation around a potential appeal in the Ripple case. As , Gensler had subtly hinted that the commission was considering its options.
In an effort to warn potential investors, Gensler has repeatedly highlighted the speculative nature of the cryptocurrency market, stressing that many cryptocurrencies could be classified as securities.