Gensler had said that crypto projects are securities due to the presence of a middle group in between and the public expectations from the group. Jake Chervinsky proclaimed that despite Gensler having claimed his authority over the crypto industry, his opinion is not the law. He also said that the SEC lacks the authority to regulate unless and until it proves in court the jurisdiction over each individual token at a time.
In a series of tweets, the investment firm Delphi Lab counsel, Gabriel Shapiro described to all intents and purposes impossible enforcement that the SEC would need to carry out on the industry in order to enact its rule.
SEC has dealt with crypto in two ways that is either penalizing the token creator and requiring the issuer to register or penalising the token creator and ordering their destruction and removal from the exchange. SEC registration is not only very expensive but also there are no clear guidelines for token registration.