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XRP court ruling marks milestone, but new crypto law could take years: An analysis

XRP ruling brings hope for crypto regulation, but legal uncertainty in the US still remains.

Created on Aug 19, 2023clock icon 9 min reading


In July 2023, a U.S. court ruled that XRP is not a security when sold on public exchanges, offering Ripple Labs a partial win in its case against the SEC. While this brought hope to the crypto industry, the court also found that Ripple violated rules in private token sales. The decision highlighted the lack of clear crypto law in the U.S., where companies still operate in legal gray zones. Though not a final answer, the case pushed the debate forward and showed that courts are ready to examine digital assets more carefully in the absence of strong regulation.

Breaking down the court’s decision on XRP

To understand the XRP court ruling, we must look at the full legal picture. The case began when the SEC filed charges in 2020. They claimed the company behind the XRP token had raised money without proper rules. This led to one key question: is XRP a security? For years, the answer was unclear. The Ripple vs SEC outcome gave people the first look into how a court might see a digital token.

The judge ruled that XRP was not a security when traded on exchanges. This part of the XRP court ruling made headlines. Buyers in the public market were not expecting profit from Ripple’s work. They used the token for payments or transfers. Since there was no promise of gain, those sales did not meet the standard for securities. But there was a second part of the decision. When the firm sold tokens directly to large investors, the result was different. These private sales were viewed as securities. That made the Ripple vs SEC outcome a partial win, not a full one.

The judge used the Howey test crypto experts know well. It checks if people pay money and expect others to make it grow. In the case of public trades, that expectation was missing. So under the Howey test crypto rules, those trades did not break U.S. law. Still, this did not bring full clarity. Many are still unsure what counts as a legal token. The debate on is XRP a security continues. Without firm rules, crypto regulation in the US remains complex. Some say crypto regulation in the US is stuck, waiting for lawmakers to act.

One big idea behind the XRP court ruling is the Howey test. This rule comes from a court case in 1946. It helps decide if something is a security. In simple terms, the howey test crypto lawyers use asks: did someone invest money and expect profit from another person’s work? If the answer is yes, the item might be a security. This question became key in the Ripple vs SEC outcome.

The SEC believes many tokens are securities because they pass the Howey test. That’s why they sued Ripple. They said people bought XRP expecting it to rise in value based on Ripple’s efforts. But the judge said most public buyers were not promised profits. That changed the view of the token, at least in part. The XRP court ruling showed that not all digital assets fit the old legal models. Still, the test is not perfect. It was made long before blockchain existed. The Howey test crypto lawyers now use doesn’t match all the ways tokens work today.

A U.S. court ruled XRP isn’t a security on exchanges - boosting crypto, but full regulation is still far off.
A U.S. court ruled XRP isn’t a security on exchanges - boosting crypto, but full regulation is far off / Sheepy.com

The big question remains: is XRP a security or not? The ruling didn’t give a full answer. Some sales were legal, others not. So even with the ripple vs sec outcome, there is still no full clarity. Many projects wonder if they will face the same tests. The truth is, no one knows for sure. Until new laws are passed, the debate will go on. That’s why people still talk about crypto regulation in the US as a work in progress. It’s a slow, unclear process. And for now, crypto regulation in the US still leaves many unsure what to expect next.

Why the ruling doesn’t settle the whole debate

Even after the XRP court ruling, many questions remain. The decision only applied to one case. It does not cover all digital tokens or every way they are sold. The judge looked at one company, one asset, and one set of facts. That makes it hard to apply the same answer to other projects. This is one reason the question is XRP a security still comes up. A different court might say something else in a future case.

The Ripple vs SEC outcome gave mixed signals. Public token sales were allowed, but private deals were not. Some people say that’s progress. Others say it creates more confusion. The SEC may still appeal the ruling. If it does, a higher court could change the result. Even now, new cases are being filed against other crypto firms. They deal with the same issues. The Howey test crypto rule is still used again and again. But it gives different results in different cases. That makes things hard for builders, traders, and investors.

The industry is still waiting for answers. Until new laws are made, crypto regulation in the US will be shaped by court battles. That means the future of tokens depends on judges, not lawmakers. It’s not a stable system. People still wonder, is XRP a security, or is it something new? The XRP court ruling helped move the debate forward, but it didn’t end it. More cases will come. And until Congress acts, crypto regulation in the US will stay unclear. Even with the Ripple vs SEC outcome, the crypto space must stay ready for legal change.

The long road to new crypto laws in the US

The XRP court ruling made one thing clear: the rules for digital assets are still being written. Right now, the U.S. has no full law that explains how tokens should be handled. This makes it hard for companies to know what to do. Without strong laws, they rely on court cases to guess the rules. That’s why questions like is XRP a security keep coming back. Each case gives a small clue, but not the whole picture.

Some lawmakers want to fix the problem. They have suggested new bills to help define digital assets. These plans could change how agencies like the SEC and CFTC work together. But Congress moves slowly, and there is no clear timeline. While the government debates, companies wait. The Ripple vs SEC outcome shows what happens when there are no clear paths. Instead of following law, people end up fighting in court. The XRP court ruling is a sign of progress, but it’s not a full answer.

Until laws are passed, old tools like the Howey test crypto standard are all the courts have. That test is from another time, and many feel it does not fit digital tokens. Yet judges still use it, even if it leads to mixed results. People want something new and clear. The future of crypto regulation in the US depends on real action, not more legal fights. The more Congress waits, the more court cases appear. Even with the ripple vs sec outcome, the question is XRP a security will not go away. What the U.S. needs now is leadership and legal structure for all.

Unexpected angle: Regulators are fighting each other too

The XRP court ruling showed more than a fight between Ripple and the SEC. It also pointed to a larger problem inside the U.S. government. Two major agencies, the SEC and the CFTC, both claim the right to oversee digital assets. They do not agree on what tokens are or how they should be treated. This creates confusion for everyone watching. When one agency says a token is a security, the other may call it something else. That is one reason why people keep asking, is XRP a security?

Ripple argued XRP is a digital asset, not a security—used for payments, with utility beyond Ripple’s control.
Ripple argued XRP is a digital asset, not a security - used for payments, with utility beyond Ripple / Sheepy.com

The Ripple vs SEC outcome made this conflict more public. While the SEC pushed hard to say XRP was a security, others felt it was more like a digital currency or commodity. The CFTC has different views, and that puts companies in a tough spot. They do not know which rules to follow. The Howey test crypto standard is still used by the SEC to decide what counts as a security. But the CFTC does not rely on that test. So the legal system is caught in the middle of a power struggle.

What we see here is not just a legal battle - it’s a turf war. Until Congress steps in, crypto regulation in the US will stay messy. Agencies will keep fighting, and companies will keep guessing. The XRP court ruling gave us a look inside this problem. It showed the need for one clear voice on digital assets. The Ripple vs SEC outcome was not just about one token. It reflected a much deeper issue. As long as the question is XRP a security has no final answer, the tension between agencies will likely grow. And crypto regulation in the US will stay full of risk and doubt.

What happens next for Ripple and the crypto industry

The XRP court ruling gave Ripple a partial win, but the road ahead is not easy. The company now needs to work within the limits set by the court. It can continue to offer XRP on public exchanges, but private sales may require more care. Some believe the Ripple vs SEC outcome will lead to more oversight, not less. Other companies will watch what Ripple does next. Their moves may set the tone for future behavior across the market.

Even with this win, people still ask, is XRP a security? The answer depends on how and where it is sold. This uncertainty affects exchanges, wallet services, and payment firms. They want to follow rules but often don’t know which rules apply. The Howey test crypto rule is used, but it changes depending on the judge and the case. Ripple will need to keep showing that XRP is a working token, not just an investment. The Ripple vs SEC outcome makes that difference more important than ever.

The whole situation shows why the market needs clearer rules. Until Congress acts, crypto regulation in the US will continue to come through lawsuits. That makes the future risky for projects trying to build something new. Still, some see hope in the XRP court ruling. It gave the industry a legal example to learn from. But without strong steps forward, the question is XRP a security will keep coming back. To grow with confidence, the industry must wait for real crypto regulation in the US, not just courtroom answers and headlines.

Still waiting for the finish line

The legal system gave crypto a signal, but not a clear road. Ripple’s partial victory opened a door, but many others are still stuck in the hallway. One case cannot speak for the whole industry. The rules are slow, the changes are uneven, and many are left guessing. What the courts started, lawmakers must finish. Until then, progress will come in steps, not in leaps. Each new case might bring hope or more confusion. But the search for clarity goes on. The space is moving, but the map is still being drawn.

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