The SEC, under Gensler’s leadership, has faced significant criticism from the cryptocurrency community for its unclear regulatory guidelines and heavy reliance on legal actions. Congressman Tom Emmer voiced strong disapproval, calling Gensler "one of the most damaging SEC chairs," particularly for coining the term "crypto asset security" without proper legal justification. Similarly, Representative Ritchie Torres questioned Gensler's use of the term "digital asset securities" and raised concerns about its application to in-game NFTs and sports tickets. Cuban supported these criticisms, emphasizing that “Gensler is gone.”
Within the SEC, Commissioner Hester Peirce also acknowledged the agency’s oversight, admitting that it failed to recognize that not all crypto assets qualify as securities. Peirce further criticized the preferential treatment given to large financial institutions like BNY Mellon, which were able to bypass certain accounting standards. The growing criticism of Gensler's leadership reflects widespread frustration with the SEC's current regulatory approach to digital assets.