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According to a report by Law360, American attorney Teresa Goody Guillen recently spoke out for cryptocurrency holders, arguing that simply holding digital assets due to expected appreciation should not be classified under the securities regulation framework. She pointed out that this passive economic benefit does not meet the legal standards of current securities laws and therefore should not be treated equally.
This stance echoes Ripple's previous position toward the U.S. Securities and Exchange Commission (SEC)—the company had warned regulators against overextending their oversight of digital assets based on speculative considerations. Guillen's legal argument emphasizes that holding and investing are two different legal concepts. The former involves a passive custody of assets and does not constitute a securities transaction; the latter involves active profit-seeking intent.
This viewpoint is significant for XRP holders and the entire crypto community. In the context of global efforts to redefine digital asset regulatory frameworks, such legal voices help promote more scientific and balanced policy-making, preventing overregulation from infringing on the rights of legitimate holders.