Binance’s U.S. affiliate, CZ, files to dismiss SEC lawsuit.

Binance's U.S. affiliate, CZ, files to dismiss SEC lawsuit.

The Battle Between Binance and the SEC: A Clash of Jurisdiction in the Blockchain Industry

In the fast-paced world of cryptocurrency, regulatory uncertainty often provides the backdrop for fierce legal battles. Binance, one of the leading cryptocurrency exchanges, recently found itself at odds with the United States Securities and Exchange Commission (SEC) over allegations of securities violations. Alongside Binance, its CEO Changpeng Zhao and Binance.US were also roped into the lawsuit. In response, the defendants filed motions to dismiss the SEC’s claims, arguing that the regulator had failed to “plausibly allege” certain securities-related violations.

The SEC’s Allegations and Binance’s Defense

The SEC’s lawsuit, filed in June, accused Binance, Zhao, and Binance.US of unlawfully listing unregistered securities in the form of various cryptocurrencies, thus allowing U.S. investors to trade and invest in these assets. However, the defendants’ legal team swiftly pushed back, contesting the SEC’s claims and the broadening scope of the regulator’s authority in the digital asset realm.

“The SEC recently brought several enforcement actions – including this action – premised on its new position that virtually all crypto assets, and virtually all cryptoasset transactions, are securities,” stated one of the filings. Binance’s defense argued that the SEC’s definition of an “investment contract” was overly broad, demonstrating the regulator’s encroachment into areas where it lacked explicit jurisdiction.

The “Major Questions Doctrine”

Both filings also invoked the “major questions doctrine,” a principle established by the Supreme Court that directs federal agencies to await Congressional authority over significant economic or political issues. Binance’s legal team emphasized that Congress had been actively addressing the need for a comprehensive regulatory framework for cryptocurrencies and trading platforms since 2019. They pointed out that none of the proposed bills conferred exclusive regulatory jurisdiction over the crypto industry to the SEC. Despite this, the SEC proceeded with the lawsuit, bringing claims against Binance Holdings Limited and Changpeng Zhao.

Divisiveness in the Courtroom

This clash of regulatory authority has sparked controversy within the judicial system. Some judges have emphasized the importance of Congressional intervention to clarify the regulatory treatment of digital assets, while others downplay the significance of cryptocurrencies as not warranting the invocation of the “major questions doctrine.” The outcome of this legal battle may have far-reaching implications, not only for Binance but for the entire blockchain industry.

The Need for Regulatory Clarity

The issues at stake in this lawsuit highlight the pressing need for regulatory clarity in the blockchain industry. As a disruptive technology that challenges traditional financial systems, blockchain has attracted significant attention from regulators worldwide. However, the evolving nature of blockchain and cryptocurrencies often outpaces regulatory frameworks, leading to uncertainty and legal disputes.

To address these challenges, lawmakers have been actively proposing legislation to bring coherence and stability to the crypto industry. The House Financial Services Committee has advanced several crypto-specific bills to the full House for consideration. Yet, the path forward remains uncertain, as the bills must also gain approval from the Senate.


The clash between Binance and the SEC demonstrates the complexities surrounding blockchain regulation. As the industry continues to evolve, regulatory authorities must strike a delicate balance between protecting investors and fostering innovation. The outcome of this legal battle will shape the future of the blockchain industry in the United States and potentially influence regulatory approaches worldwide. The stakeholders involved eagerly await a resolution that provides clarity and guidance for all participants in the ever-expanding world of blockchain technology.

Table of Contents

  • Introduction
  • The SEC’s Allegations and Binance’s Defense
  • The “Major Questions Doctrine”
  • Divisiveness in the Courtroom
  • The Need for Regulatory Clarity
  • Conclusion