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BlackRock’s Challenge to SEC’s Crypto ETF Policy

By November 11, 2023No Comments3 min read
November 11 2023 BlackRocks Challenge to SECs Crypto ETF Policy


In a bold move, BlackRock, the world’s largest asset manager, has questioned the U.S. Securities and Exchange Commission’s (SEC) approach to cryptocurrency exchange-traded funds (ETFs). The firm’s contention revolves around the SEC’s differing treatment of crypto futures and spot ETFs, a stance BlackRock argues lacks a solid regulatory basis.

The Core of BlackRock’s Argument

BlackRock’s recent application for a spot-Ether (ETH) ETF, named the “iShares Ethereum Trust,” has brought this issue into the spotlight. The application, filed on November 9, challenges the SEC’s rationale for consistently denying spot crypto ETFs while approving those based on crypto futures. BlackRock points out the inconsistency in the SEC’s approach, noting that since ETH futures are priced based on the underlying spot ETH market, it’s illogical not to approve ETFs that offer direct exposure to spot ETH.

SEC’s Regulatory Stance

The SEC has approved several crypto futures ETFs but remains hesitant about spot-crypto ETFs. This hesitation is attributed to the perceived superior regulation and consumer protections under the 1940 Act, which governs futures ETFs, compared to the 1933 Act covering spot-crypto ETFs. Additionally, the SEC seems to favor the regulation and surveillance-sharing agreements of the Chicago Mercantile Exchange’s (CME) digital asset futures market.

BlackRock’s Counterpoint

BlackRock argues that the SEC’s preference for the 1940 Act is irrelevant in this context. The firm emphasizes that the Act imposes restrictions on ETFs and their sponsors, not on the ETFs’ underlying assets, whether they be ETH futures or spot ETH. BlackRock asserts that the distinction between the registration of ETH futures ETFs under the 1940 Act and spot ETH ETPs under the 1933 Act is negligible in the context of ETH-based ETP proposals.

The Implications of BlackRock’s Challenge

BlackRock’s stance, if accepted, could pave the way for the first SEC approval of a spot crypto ETF, potentially a Bitcoin-related one. Analysts from Bloomberg, like James Seyffart and Eric Balchunas, predict a high chance of such an approval occurring soon. This development would mark a significant milestone in the integration of cryptocurrencies into mainstream financial products.


BlackRock’s challenge to the SEC’s treatment of crypto ETFs highlights a crucial debate in the evolving world of cryptocurrency regulation. The outcome of this dispute could have far-reaching implications for the future of crypto ETFs and the broader acceptance of cryptocurrencies in the financial markets. As the industry awaits the SEC’s response, the eyes of investors and crypto enthusiasts remain fixed on what could be a groundbreaking development in the crypto space.

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With over 7 years of hands-on experience as a crypto investor and an additional 12 years observing the industry, I've witnessed the evolution of the crypto landscape firsthand. My journey has been marked by significant successes, but not without its fair share of learning experiences. I'm eager to impart my insights to you, helping you navigate this space without repeating the missteps I encountered.

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