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Failure to tax the metaverse ‘will create a tax haven’ — Harvard legal expert

Harvard scholar Christine Kim writes that income and wealth in the metaverse should be subject to immediate taxation.

Harvard legal scholar and Yeshiva University law professor Christine Kim recently published a research paper detailing arguments for not only taxing the metaverse but treating it as “a laboratory for experimenting with cutting-edge policy.”

In the paper, dubbed simply “Taxing the Metaverse,” Kim argues that the metaverse allows participants to create and build wealth entirely within its ecosystem.

According to Kim, this burgeoning wealth sector should be regulated under tax code:

“Because economic activity within the Metaverse satisfies the Haig-Simons and Glenshaw Glass definitions of income, its exclusion will create a tax haven.”

The paper continues to explain that the metaverse’s ability to “record all digital activity and track individual wealth” means that governments can track and tax income immediately upon receipt — something Kim says could shake up the status quo when it comes to United States tax law.

Related: New tax rules for crypto in the US: Law Decoded

Kim further recommends changes to how taxes are realized. In this context, metaverse users in the U.S. would, according to the research, currently be taxed only upon realization or engaging in a taxable event such as a withdrawal.

Under Kim’s proposals, taxation would occur immediately upon receiving gains, “including unrealized gains and income,” even if they remain in the metaverse. 

The more pressing matter, in such an event, would be enforcement. Kim writes that there are two plausible methods for enforcing tax law in the metaverse. The first would involve individual platforms withholding taxes on behalf of users.

The second, which Kim calls less preferable, is referred to as residence taxation and would rely on platforms sending tax information to users who would then file and pay their own tax obligations.

The paper also argues that taxing the metaverse presents further opportunities for lawmakers, even those who wouldn’t normally be interested in Web3 and metaverse technology. 

“The Metaverse can be a laboratory for experimenting,” writes Kim, adding that it “has the potential to simulate scenarios that are unlikely to ever occur in the physical world.”

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Bitcoin ETF applications: Who is filing and when the SEC may decide

Despite BlackRock’s application for a Bitcoin spot ETF, its approval remains uncertain, with the SEC favoring another futures-based Ether ETF.

The race to list the first spot-traded Bitcoin (BTC) exchange-traded fund (ETF) in the United States has seen the entrance of major financial institutions like BlackRock, Fidelity and VanEck. 

While the U.S. Securities and Exchange Commission (SEC) first approved a Bitcoin-linked Futures ETF in October 2021, the current filings are for spot Bitcoin ETFs. Following Grayscale’s recent legal victory against the SEC’s review of its spot Bitcoin ETF proposal, many now believe approval of the investment funds is more likely.

The interest of BlackRock — the world’s largest asset manager with over $8 trillion worth of assets under management — prompted several other institutions to refile for a spot Bitcoin ETF.

Most of these asset managers had to either withdraw their spot Bitcoin ETF filings or face rejection due to the SEC’s reservations concerning a spot-derived ETF. Here are the key Bitcoin ETF applicants:

  • BlackRock: BlackRock filed for a spot Bitcoin ETF on June 15, with Coinbase as the crypto custodian and spot market data provider and BNY Mellon as its cash custodian. The filing shocked the crypto and traditional finance world, and the firm’s CEO, Larry Fink, had previously called BTC an index for money laundering. On July 15, the SEC formally accepted BlackRock’s spot Bitcoin ETF application for review. 
  • WisdomTree: The New York-based asset manager first filed for a spot Bitcoin ETF in the U.S. on Dec. 8, 2021, which was rejected by the SEC in 2022. The agency claimed the ETF fell short in terms of investor protection; however, with BlackRock’s entry in the spot Bitcoin ETF race, WisdomTree refiled with the SEC on July 19. 
  • Valkyrie Investments: Asset management firm Valkyrie filed its first spot Bitcoin ETF application in January 2021 but faced rejection from the SEC, like many other asset managers. However, with the rejuvenated enthusiasm around a spot Bitcoin ETF, Valkyrie refiled its application on June 21. The ETF would refer to the Chicago Mercantile Exchange’s (CME) reference price for Bitcoin and trade on NYSE Arca, with Xapo as the crypto custodian.
  • ARK Invest: ARK filed an application for its ARK 21Shares Bitcoin ETF in June 2021. ARK Invest has partnered with Swiss-based ETF provider 21Shares to offer the fund, and it will launch on the Chicago Board Options Exchange (Cboe) BZX Exchange under the ticker symbol ARKB if approved.
  • VanEck: VanEck is one of the earliest Bitcoin ETF applicants, making its first filing in 2018. The asset manager withdrew its application in September 2019 and made a second attempt with the SEC in December 2020, with shares of the trust set to trade on the Cboe BZX Exchange. The firm filed a new application in July 2023.
  • Fidelity/Wise Origin: Fidelity Investments first applied for a spot Bitcoin ETF in 2021 and refiled for its Wise Origin Bitcoin Trust on July 19, 2023. The Wise Origin Bitcoin Trust would see Fidelity Service Company serving as the administrator while Fidelity Digital Assets will act as the BTC custodian.
  • Invesco Galaxy Bitcoin ETF: Invesco first filed an application for its Invesco Galaxy Bitcoin ETF jointly with Galaxy Digital on Sept. 22, 2021. The joint venture refiled its application in July. The joint Bitcoin ETF would be “physically backed” by Bitcoin, with Invesco Capital Management as the sponsor.
  • Bitwise: Bitwise first filed for a spot Bitcoin ETF in October 2021, only to face rejection from the SEC. The asset manager refiled its application in August 2023.
  • GlobalX: Fund manager GlobalX joined the ETF race in 2021, along with several other financial giants, when it filed for a spot Bitcoin ETF. The fund manager refiled its application in August 2023, becoming the ninth applicant. The firm named Coinbase as its surveillance-sharing partner.

In light of Grayscale’s recent legal victory and the wave of renewed applications, ETF analysts at Bloomberg have raised their expected approval chances for a spot Bitcoin ETF to 75% from 65%.

As expected, the SEC has delayed its decision on all seven applicants. Analysts had predicted that the SEC may not decide on an ETF until early 2024 when the final deadlines approach (listed below). 

Spot Bitcoin ETF decision deadlines. Source: Bloomberg/Twitter

John Glover, chief investment officer at crypto lending platform Ledn, told Cointelegraph that the ARK 21Shares “verdict slated for Jan. 10 will be the first real indicator as to whether the SEC is ready to start approving these types of applications. The final deadline is up at that point, and a decision will need to be made one way or another.”

Why has the SEC rejected spot Bitcoin ETFs in the past?

In its earlier rejection of VanEck’s spot Bitcoin ETF, the SEC claimed that the Bitcoin market is not big or mature enough to sustain ETF market demand. The commission also said the price volatility and inadequate level of trading surveillance could potentially leave the market prone to fraud and manipulation. 

However, with the entrance of BlackRock, market pundits have started to believe that the chances of a spot Bitcoin ETF being approved are good.

Recent: AI could revolutionize human resources, but there are risks

One of the major factors preventing a spot ETF from getting approved is the nature of the fund.

A futures ETF is based on futures contracts rather than the digital asset itself, which is an important distinction. The futures markets are already heavily regulated to prevent market manipulation, thus making it easier for the SEC to approve such ETFs.

At the heart of these spot ETF rejections is the issuer’s requirement to incorporate a “surveillance-sharing agreement” with a sufficiently large and regulated Bitcoin-related market. Such agreements are integral in ensuring that the SEC can conduct exhaustive investigations in the event of any market irregularities.

A Bitfinex Alpha analyst told Cointelegraph that one of the vital concerns behind the rejection of spot Bitcoin ETFs is the regulator’s ability to track and continuously ensure asset safety and custody. However, for that to happen, the U.S. needs more regulatory and legal infrastructure before the “SEC or other involved parties would be comfortable in allowing an ETF provider to handle it.”

“If not, then the entire purpose of an ETF (which is to circumvent dealing with digital asset wallets or crypto exchanges) is defeated. Thus, it would not be fair to say that spot Bitcoin ETFs do not propose manipulation concerns in the SEC’s eyes. The ProShares Bitcoin ETF disapproval dated back to 2018 clarifies this very point. Another concern with regard to the document’s literature was the ability of the Bitcoin market to handle the volume that would be brought in via the introduction of a spot ETF,” the analyst added.

The SEC is mainly concerned about the robustness of the trading venues. The regulator oversees futures exchanges like the CME and the Cboe, and any futures ETFs will be restricted to only trading on those regulated venues. Whereas there are no SEC-regulated spot exchanges.

However, not everyone agrees with the SEC’s assumptions about the vulnerabilities of the spot crypto ETF market. James Koutoulas, the founder of a futures-focused hedge fund Typhon, told Cointelegraph:

“I can attest that the crypto futures are far inferior to the spot in terms of tracking error. The concept that a U.S. regulator can provide adequate ‘surveillance’ against market manipulation on a global 12-figure market is delusional. So, honestly, it probably comes down to passing the buck to the CFTC rather than retaining accountability. Given the SEC has an ‘investor protection’ mandate.”

He added that by continuing to reject the simplest products like a BTC ETF, the ”SEC keeps pushing demand for crypto offshore and unregulated players. While a BTC ETF may not be perfect, it is much safer than buying BTC with Gensler’s family friend SBF [Sam Bankman-Fried] at FTX.”

Richard Gardener, CEO of tech infrastructure firm Modulus, believes futures ETFs have long been seen as more palatable for regulators and that the decision over a spot ETF is a matter of when not if.

He told Cointelegraph that a spot BTC ETF is “coming, sooner rather than later, and the heavy investment from major players like BlackRock and Fidelity signal this. As long as the major players are in the hunt, the industry is seen as viable in the long term, despite any short-term setbacks. If the SEC continues to refuse to act, politicians will be forced to act and develop their own answer to the crypto dilemma.”

Ether futures ETF have more chances of approval

While crypto enthusiasts would prefer to see spot ETFs, which would legitimize crypto as an asset class, U.S. regulators seem more likely to support futures ETFs.

Bloomberg analysts have predicted that the chances of approval for an Ether (ETH) futures-derived ETF are over 90%, with nearly a dozen institutions lined up for approval.

Magazine: How to protect your crypto in a volatile market: Bitcoin OGs and experts weigh in

Reports in financial media suggested a high possibility of the SEC approving an Ether futures-based ETF as soon as October.

Ken Timsit, managing director at blockchain startup accelerator Cronos Labs, told Cointelegraph that the “thesis in favor of futures is that futures would enable investors to send signals about the price evolutions expected by the market, which in turn would help to dampen the volatility of Bitcoin and Ethereum price and counterbalance the large price swings that we have seen recently.”

Doug Schwenk, CEO of Digital Asset Research, told Cointelegraph that the “near-term psychological impact would most likely give a boost to crypto markets as another proof point that regulators remain open to evolving the listed space and continued hope for the elusive spot ETF.”

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US regulators deny blocking AI chip exports to Middle East

The U.S. Department of Commerce denied blocking AI chip sales to the Middle East and remained silent about whether the requirements were only imposed on specific countries.

The United States Department of Commerce said on Aug. 31 that the Biden administration has “not blocked chip sales to the Middle East,” according to a report from Reuters. 

This comes after disclosures were revealed in a Nvidia report that the U.S. government had expanded requirements for export licenses for artificial intelligence (AI) chips.

Advanced Micro Devices (AMD), a direct competitor of Nvidia, also received a similar letter from regulators.

The Commerce Department made no comment as to whether the requirements were imposed on specific U.S. companies. However, the new rules would require Nvidia and AMD to obtain licenses prior to selling flagship chips to “some Middle Eastern countries,” according to the filing.

Neither of the two companies has revealed if they have applied for said licenses or if there was any feedback on licensing for that region.

Related: AI chip developer gets $100 million from Samsung and Hyundai

The company warned regulators in the quarterly report that being “effectively excluded from all or part of China” could potentially “harm” long-term results for the company. 

In October 2022, the Biden administration issued the initial export controls in an effort to slow China from developing high-level AI systems with powerful semiconductor chips made by U.S. companies.

Officials in Washington said they are considering tightening the aforementioned regulations even more in a statement made on June 29, which would further limit the computing power on chips available in the Chinese market.

The moves made by the U.S. government have been under close watch from other regulators around the world. Shortly after the U.S.’s initial regulations came into effect, an agreement was made with the Netherlands and Japan to restrict exports of semiconductor manufacturing equipment to China. 

Officials in the United Kingdom, France and Germany have all openly said they are considering screening Chinese foreign direct investment in crucial sectors such as AI.

China has responded by saying it will control the export of gallium and germanium products, the primary raw materials needed to produce AI chips.

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SEC delays decision on spot Bitcoin ETF applications from WisdomTree, Invesco, and Valkyrie

SEC has delayed its decision on Bitcoin exchange-traded fund applications from WisdomTree, Invesco Galaxy and Valkyrie, with the next deadlines set for October.

The United States Securities and Exchange Commission (SEC) has postponed its decision on WisdomTree’s Bitcoin Trust first filed on Dec. 8 2021. The institutional giant refiled its ETF application on July 19, 2023 with the first deadline approaching.

WisdomTree’s Bitcoin ETF proposal didn’t get the SEC’s approval in 2021. However. after BlackRock joined the spot Bitcoin ETF race, WisdomTree refiled its application as well, However, WisdomTree was not the only institutional giant making a second attempt after rejections, the likes of Valkyrie, Fidelity and Invesco have also re-filed their applications for a spot Bitcoin ETF.

This is a developing story, and further information will be added as it becomes available.

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When will it be too late to invest in Bitcoin?

This week’s episode of Market Talks discusses whether it will ever be “too late” to buy Bitcoin and why BTC could take over the financial world.

On the latest episode of Cointelegraph’s Market Talks, host Ray Salmond spoke with Luke Broyles, a popular Bitcoin (BTC) advocate and content creator on YouTube and X (formerly Twitter). During the show, Broyles laid out his Bitcoin investment thesis and his unique perspectives on how the asset’s price could eventually rise into seven-figure territory.

Broyles said that in 2020, he realized the bond market was broken. While searching for alternative investments, he discovered Bitcoin as a sound option. When asked about his Bitcoin investment strategy and how he stomachs the volatility, Broyles said: 

“I do not own bonds. I have sold off 97% of my stocks over the past three years, and I’m selling off the last 3% this week actually, so it’s funny that you ask that. By the end of this week, the only three assets that I will own will be U.S. dollars, aka cash, the best political currency in the world; second, real estate; and third, Bitcoin. That’s it. And I sleep better now than I did with a diversified portfolio.” 

Everything is overpriced and should crash

Another key factor backing Broyles’ Bitcoin investment thesis is his belief that “everything is overvalued, nothing makes sense, and everything should crash; however, we don’t want to deal with it. Politicians don’t want to deal with it. Lawyers don’t want to deal with it. I, as a real estate investor, don’t want to deal with it.” Broyles believes that stocks, healthcare, real estate and the education industry are highly overvalued, so people are losing faith in the dollar and their dollar purchasing power — which highlights the allure of Bitcoin as a supply-capped asset. 

“If we have a credit unwind, of course we’re going to print ourselves out of it.” 

Related: The future of BTC mining and the Bitcoin halving

When is it too late to invest in Bitcoin? 

When asked whether there is a particular price where it becomes “too late” for investors to consider buying Bitcoin, Broyles made the analogy of a sinking ship and suggested that for those on the boat, it’s never too late to exit. 

“At no point is it ever too late to buy Bitcoin, but it will be too late to exit bonds and to exit fiat.” 

Listen to the full episode of Market Talks on the new Cointelegraph Markets & Research YouTube channel, and don’t forget to click “Like” and “Subscribe” to keep up-to-date with all our latest content.

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US officials extend export curbs on Nvidia AI chip to ‘some Middle Eastern countries’

U.S. regulators have told AI chip maker Nvidia and its rival AMD to curb exports of high-level semiconductor chips used to develop AI to certain Middle Eastern countries.

Regulators in the United States have asked Nvidia to curb exports of artificial intelligence (AI) chips to “some Middle East countries,” according to its latest quarterly report. 

In the report released on Aug. 28, the company said the new regulations affect its A100 and H100 chips, which help enhance the speed of machine-learning tasks. Nvidia did not specify what countries in the Middle East are impacted.

Advanced Micro Devices (AMD), a direct competitor of Nvidia, was also given a letter by U.S. regulators requesting the same ban on high-level AI chip exports to some Middle Eastern countries, according to a Reuters report.

The quarterly report from Nvidia states that the new regulatory filing would not have an “immediate material impact” on its business, nor does it make up a “meaningful portion” of its revenue.

However, in a separate statement, it said it is working with the U.S. government to address the matter.

Related: US reportedly plans to restrict China’s access to cloud computing services

The quarterly report did mention the ongoing AI chip export regulations the U.S. government has placed on China. 

Nvidia said that past restrictions have still allowed them to sell alternative products in China, including their less powerful A800 or H800 chips.

However, the company warned that long-term results could be “harmed” if it is “effectively excluded from all or part of China.” Of its $13.5 billion in sales from the recent fiscal quarter ending on July 30, the majority came from the U.S., China and Taiwan, and about 13.9% came from other countries combined.

Initial export controls were implemented in October 2022 by the Biden administration in an effort to isolate China from powerful semiconductor chips.

On June 29, officials in Washington said they are considering tightening restrictions on AI chip exports to China even further and limiting the computing power of chips to stunt the flow of chip availability in the Chinese market.

In response to the measures taken by the U.S., the Chinese government said it will control the export of gallium and germanium products, which are primary components to produce AI chips.

AI-related regulations and restrictions coming from the U.S. have caused other countries to consider their own position in the race to develop powerful systems.

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Trump NFTs back in demand, SEC says NFT sales are unregistered securities: Nifty Newsletter

Trump NFT prices spiked after the former U.S. president’s mugshot in police custody was released.

​​Welcome to the latest edition of Cointelegraph’s Nifty Newsletter. Keep reading to stay up-to-date with the latest stories on nonfungible tokens. Every Wednesday, the Nifty Newsletter informs and inspires you to dig deeper into the latest NFT trends and insights.

In this week’s newsletter, the United States Securities and Exchange Commission (SEC) registered its first unregistered securities sales claim against nonfungible token (NFT) offerings. An OpenSea manager accused of insider trading was sentenced to three months in prison and fined $50,000, and Trump NFT prices shot up after the former U.S. president’s mugshot went viral.

SEC charges podcaster in first unregistered securities sales claim against NFT offering

The SEC has charged a media and entertainment company with conducting unregistered securities sales when it sold NFTs to investors between October and December 2021.

Impact Theory, a Los Angeles-based company that produces entertainment and educational content, including several podcasts, allegedly raised almost $30 million through the sales of NFTs called Founder’s Keys, which were offered in three tiers.

Continue reading

OpenSea manager accused of insider trading sentenced to 3 months in prison, $50,000 fine

A federal judge has sentenced former OpenSea product manager Nathaniel Chastain to three months in prison for wire fraud and money laundering related to insider trading on the platform.

In an Aug. 22 announcement from the U.S. Department of Justice, U.S. Attorney Damian Williams said Chastain had been sentenced to three months in prison, three months of home confinement and three years of supervised release in addition to being ordered to pay a $50,000 fine and forfeit ill-gotten Ether (ETH) from the NFT trades. Inner City Press reported he would be required to surrender himself on Nov. 2, with Chastain’s lawyers planning to appeal the decision and request bail.

Continue reading

NFT marketplace Rarible sees uptick after commitment to royalties

NFT marketplace Rarible has seen a substantial uptick in trading volume during the 24 hours following a public statement in support of maintaining NFT creator royalties.

It comes as competitor NFT marketplaces such as OpenSea have reversed support for royalties and royalty enforcement — prompting other NFT projects to also begin rewinding support for OpenSea. Data from the analytics platform DappRadar shows that 24-hour fiat trading volume on Rarible jumped nearly 585% — reaching over $45,000 on Aug. 23.

Continue reading

Donald Trump NFT prices spike following release of mugshot in Georgia criminal case

The price of NFTs featuring Donald Trump surged after news outlets released a photo of the former U.S. president as part of his criminal case in the state of Georgia for allegedly attempting to subvert the will of voters in the 2020 election.

According to data from NFT marketplace OpenSea, the floor price of Trump’s line of digital trading cards first released in December 2022 increased more than 62% from 0.138 to 0.224 Ether on Aug. 24, shortly after the former president’s mugshot became public. The image, which shows Trump looking angrily at the camera amid his surrender at the Fulton County Sheriff’s Office, has gone viral as the first mugshot of a current or former U.S. president facing criminal charges.

Continue reading

Ordinals still make up the majority of Bitcoin txs despite the price collapse

Ordinal inscriptions have continued to dominate activity on the Bitcoin network over the past week despite the cryptocurrency’s recent price decline and suggestions that the hype around Bitcoin NFTs has died.

On Aug. 21, Ordinals developer “Leonidas” pointed out that the Bitcoin network had 530,788 transactions over the previous 24 hours, with 450,785 being Ordinals-related transactions.

Continue reading

Thanks for reading this digest of the week’s most notable developments in the NFT space. Come again next Wednesday for more reports and insights into this actively evolving space.

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US Copyright Office issues notice of inquiry on artificial intelligence

The inquiry seeks information and comment on issues related to the content AI produces and how policy makers should treat AI that imitates or mimics human artists.

The United States Copyright Office issued an official request for comments and notice of inquiry on copyright and artificial intelligence (AI) in the Federal Register on Aug. 30. 

According to the filing, the Copyright Office is seeking “factual information and views” on copyright issues raised by recent advances in generative AI models such as OpenAI’s ChatGPT and Google’s Bard.

In a press release sent via email from the Library of Congress and viewed by Cointelegraph, the U.S. Copyright Office stated:

“These issues include the use of copyrighted works to train AI models, the appropriate levels of transparency and disclosure with respect to the use of copyrighted works, the legal status of AI-generated outputs, and the appropriate treatment of AI-generated outputs that mimic personal attributes of human artists.”

Those interested in commenting during the official inquiry period will have until Oct. 18 to do so.

The request comes during a tumultuous time for the AI industry with regards to regulation in the U.S. and around the world. While the EU and other territories have enacted policies to protect citizen privacy and limit how corporations can use, share, and sell data, there’s been little in the way of regulation concerning the use of copyrighted material to train or prompt AI systems.

Related: British MPs call on government to scrap AI exemptions that hurt artists

As Cointelegraph reported previously, the media industry is grappling with how to deal with the emergence of AI systems capable of imitating the work of creators and artists. The New York Times and other news agencies have taken steps to block web crawlers from AI companies seeking to train their models on their data.

Artists such as comedian Sarah Silverman and authors Christopher Golden and Richard Kadrey have sued OpenAI for allegedly training AI models on copyrighted work without the consent of the owners or creators.

Beyond copyright issues, there are also concerns related to AI involving misalignment (the idea that the machines could have objectives that clash with the wellbeing of humanity) and the mass proliferation of misinformation.

The U.S. government has held a series of meetings with stakeholders in the AI community, with the next, a closed-door meeting between Senator Chuck Schumer and Tesla CEO Elon Musk, Alphabet CEO Sundar Pichai, OpenAI CEO Sam Altman, and Microsoft CEO Satya Nadella, slated for Sep. 13.

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One less crypto-friendly candidate — Miami mayor ends US presidential run

Along with longshot Democratic hopeful Robert F. Kennedy Jr., Francis Suarez was one of the few openly crypto-friendly candidates running in 2024.

Miami Mayor Francis Suarez, one of the few cryptocurrency-friendly candidates running for president of the United States in 2024, has announced he will be suspending his campaign.

In an Aug. 29 announcement on X (formerly Twitter), Suarez said that while running for U.S. president had been “one of the greatest honors of [his] life,” he made the decision to end his campaign and suggested he would support “a strong nominee” from the Republican Party. The Miami mayor announced in June he intended to seek the Republican nomination for U.S. president in the 2024 election, but he did not qualify for the first party debate on Aug. 23.

As mayor of Miami, Suarez made headlines in 2021 after announcing he would accept some of his paychecks in Bitcoin (BTC) and supporting the MiamiCoin (MIA) token project. Along with longshot Democratic hopeful Robert F. Kennedy Jr., the Miami mayor was one of the few openly crypto-friendly candidates running in 2024.

Related: Robert Kennedy Jr. reveals buying 2 Bitcoin for each of his 7 children

According to many recent polls, Florida Gov. Ron DeSantis trails behind former President Donald Trump for the Republican nomination for president. Trump did not attend the first party debate and faces both state and federal criminal charges related to his alleged role in attempting to overturn the results of the 2020 presidential election, which he lost to current U.S. President Joe Biden.

The 2024 elections in the U.S. could change the way the government handles digital asset legislation. Democrats currently hold a slim majority in the Senate, but 34 seats out of 100 will be up for grabs in the next election. Members of the Republican Party have a majority of seats in the House of Representatives, but the fate of all 435 will be decided in November 2024.

Magazine: Opinion: GOP crypto maxis almost as bad as Dems’ ‘anti-crypto army’

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Grayscale wins the court battle, but what does this mean for a spot Bitcoin ETF?

The SEC may have a limited window to appeal the court decision, while Grayscale could forward forward with an amended application for its spot Bitcoin exchange-traded fund.

A federal judge has overturned the United States Securities and Exchange Commission’s decision to deny an exchange-traded fund (ETF) offering from Grayscale Investments through its Bitcoin (BTC) Trust, but many experts have pointed out the court ruling will not automatically lead to the first spot BTC ETF in the country.

In an Aug. 29 decision with the U.S. Court of Appeals for the District of Columbia Circuit, Judge Neomi Rao supported Grayscale’s position that its proposed Bitcoin ETF was “materially similar” to Bitcoin futures exchange-traded products already approved by the SEC for trading. The court largely ruled that the SEC’s justification of denying Grayscale’s Bitcoin ETF on the grounds it was not “designed to prevent fraudulent and manipulative acts and practices” was insufficient, and the matter will return to the commission for review.

To date, the SEC has denied all spot crypto ETF offerings in the U.S., though many applications are currently being reviewed, including those from BlackRock, ARK Invest, Bitwise Asset Management, VanEck, WisdomTree, Invesco and Galaxy Digital, Fidelity and Valkyrie. The commission has the means to keep delaying a decision or otherwise pushing the final deadline for approval on the majority of the aforementioned applications until March 2024.

At the time of publication, the SEC had not publicly commented on the appeals court decision but reportedly said it would be reviewing the case to determine its next steps. The commission will likely have the opportunity to appeal the decision, but many experts have claimed that the initial Grayscale victory could pave the way for eventual approval.

“Despite the inevitable SEC appeal, to our mind there is no doubt now, spot BTC ETFs are coming to the U.S.,” said Tim Bevan, CEO at ETC Group. “We don’t believe the SEC will act as kingmaker and the most likely outcome is a block approval of applications that meet requirements, probably in Q1 ’24.”

Lolli CEO and co-founder Alex Adelman said the appeals court ruling would “put new pressure on the SEC” in its justification for rejecting spot Bitcoin ETF applications. He added the BTC price rally following the news could be interpreted as a “vote of confidence” for spot investment vehicles linked to Bitcoin:

“Now is the time for the U.S. to embrace innovation by making bitcoin available to investors through exchange-based products or risk falling behind global powers that are moving faster to claim this advantage.”

Related: Jacobi spot Bitcoin ETF classed as ‘environmental investing’ by issuer

A spokesperson for the Crypto Council for Innovation (CCI) told Cointelegraph the ruling opened the door to a wider range of investors looking to offer a spot BTC vehicle in the United States. According to the CCI, “spot bitcoins ETFs are now closer to a potential launch.”

The next steps for either Grayscale moving forward with its application or the SEC appealing the decision are unclear. The asset manager could refile with the SEC aimed at making the spot investment vehicle application more like that of a Bitcoin futures-linked ETF. Experts are reporting the SEC also has the option of filing for an ‘en banc’ hearing in which all judges on the DC circuit — rather than the three which ruled on the Grayscale appeal — would hear the matter.

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