Ethereum Faces Uncertainty as ETF Approval Prospects Dim Amid Regulatory Pressure

miguel rubio
Carbonocom
Published in
2 min readMar 21, 2024

The approval of Bitcoin ETFs in January brought the secondhand effect of a surge in the price of Ethereum (ETH). There were good reasons for this: Ethereum is the obvious second play once bitcoin is accepted in traditional financial markets; the Dencun upgrade, aimed at reducing transaction costs, was expected to create more demand and use cases for Ethereum; and there was a looming deadline in May for an ETH ETF approval.

However, skepticism is growing around the anticipation for an Ethereum ETF approval, as regulatory authorities remain largely silent on the matter. The lack of communication from authorities and issuers has left the market in limbo. Although recent submissions from industry giants such as Grayscale and Fidelity sparked some attention, doubts persist. Notably, Fidelity’s proposal to incorporate revenue from ETH staking into their ETF has garnered interest but has not dispelled the prevailing uncertainty.

Compounding these concerns are reports of pressure from US senators and unsettling rumors regarding the Securities and Exchange Commission’s (SEC) stance on Ethereum. US Senators have called on the SEC to halt any potential future crypto-based ETF approvals, citing concerns over deceptive marketing practices observed in approved bitcoin ETFs. Moreover, reports from Fortune and Coindesk suggest that the SEC may be exploring the classification of Ethereum as a security. These rumors were accompanied by revelations of a probe into the Ethereum Foundation’s activities by an undisclosed public agency.

Despite these challenges, there are strong reasons against the SEC’s alleged stance. The Commodity Futures Trading Commission (CFTC) has overseen ETH futures trading for years, operating under the assumption that ETH is not a security. Additionally, the SEC has struggled to substantiate its claims in court cases, previous and current, including ongoing disputes with cryptocurrency exchanges Kraken and Coinbase. Despite these setbacks, pressure from the Biden administration to regulate the crypto industry could spur Gensler, the SEC chair, to pursue stringent measures.

As the May deadline for ETF applications approaches, Ethereum’s future hangs in the balance. With notable contenders such as Blackrock vying for approval, the outcome remains uncertain. While Ethereum enthusiasts remain hopeful for a breakthrough, the regulatory landscape casts a shadow of uncertainty over the cryptocurrency’s prospects. As stakeholders brace for further developments, the Ethereum community awaits clarity amidst mounting regulatory scrutiny.

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