Donald Trump

President Donald Trump

Brian L. Frye, a legal professor and conceptual artist, has taken legal action against the U.S. Securities and Exchange Commission (SEC) in a Los Angeles court.&nbsp; 
Frye’s lawsuit is challenging the SEC’s decision to classify non-fungible tokens (NFTs) as securities, arguing that this classification limits artistic freedom and creates unnecessary hurdles for digital artists. 
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 Today, <a href="https://twitter.com/songadaymann?ref_src=twsrc%5Etfw" target="_blank" rel="noopener">@songadaymann</a> and I sued the <a href="https://twitter.com/SECGov?ref_src=twsrc%5Etfw" target="_blank" rel="noopener">@SECGov</a> in Louisiana federal court, asking for a declaration that the SEC can’t regulate the sale of NFT art. I’ve argued that the SEC is abusing its authority for years &amp; now I’m testing my theory. Here’s the complaint. <a href="https://t.co/AD8xYpV0kC" target="_blank">https://t.co/AD8xYpV0kC</a>— Brian L. Frye (@brianlfrye) <a href="https://twitter.com/brianlfrye/status/1817958327428800800?ref_src=twsrc%5Etfw" target="_blank" rel="noopener">July 29, 2024</a>
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The lawsuit comes at a time when the debate over how to categorize digital art assets is heating up. Frye, known for his unconventional approach to legal issues, believes that SEC’s broad interpretation of securities laws does not support artists who use NFTs.&nbsp; 
He cites his project, the ‘SEC No-Action Letter Request,’ as a conceptual artwork that questioned the application of the Howey Test, a measure used to define securities. Frye never received a response from the SEC, prompting his current lawsuit. 
Frye’s lawsuit highlights the broader implications of NFT regulation in the art market. NFTs have surged in popularity, with digital artworks fetching high prices at auctions. However, the regulatory framework for NFTs remains unclear. Frye argues that digital art sold as NFTs should not be treated as securities, opposing the SEC’s application of the Howey Test, which was originally designed for traditional investment contracts. 
Jason Gottlieb, Frye’s attorney, stated that the case aims to protect digital artists’ rights and ensure the SEC stays within its regulatory limits. Gottlieb’s involvement has drawn significant attention due to his previous role in exposing controversial SEC practices in the DEBT BOX case in Utah, which led to several resignations within the SEC. 
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 Proud to represent my client and friend Brian Frye <a href="https://twitter.com/brianlfrye?ref_src=twsrc%5Etfw" target="_blank" rel="noopener">@brianlfrye</a> in his brave and unfortunately necessary lawsuit against the SEC. Art is not a security, and artists working in a digital medium should not have to hire expensive securities lawyers just to release their art. <a href="https://t.co/EHm91didK9" target="_blank">https://t.co/EHm91didK9</a>— Jason Gottlieb (@ohaiom) <a href="https://twitter.com/ohaiom/status/1817958899779256714?ref_src=twsrc%5Etfw" target="_blank" rel="noopener">July 29, 2024</a>
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Moreover, the lawsuit has also garnered political attention. Former President Donald Trump has criticized the SEC’s stringent approach to regulating the crypto space. Trump has also <a href="https://www.cryptotimes.io/2024/07/28/i-will-fire-gary-gensler-on-day-1-trump-at-bitcoin-nashville-2024/">vowed</a> to remove SEC Chairman Gary Gensler from office if re-elected, promising to end what he calls the “anti-crypto crusade” and the “persecution and weaponization” of digital assets. 
<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow"> 
 Also Read: <a href="https://www.cryptotimes.io/2024/07/27/tyler-winklevoss-urges-u-s-govt-to-name-next-sec-chair-before-election/">Tyler Winklevoss Urges U.S. Govt to Name Next SEC Chair Before Election</a> 
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Legal Professor Sues SEC in LA Court Over NFT Regulation

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