The remarks were made the same day Ethereum (ETH) switched over to Proof-of-Stake. That means the network will no longer rely on "Proof-of-Work" mining, which consumes a lot of energy, and will allow validators to confirm transactions and create new blocks through a process called "staking." According to Gary Gensler, allowing holders to stake coins causes "the investing public to expect returns based on others' efforts." With a few labeling adjustments, Gensler claimed that intermediaries providing staking services to their clients "look quite similar to lending."
The Commodity Futures Trading Commission (CFTC) and the SEC have previously stated that they did not view ETH as a security because it behaved more like a commodity.
The SEC has closely monitored the cryptocurrency market, especially those it claims are securities. About the introduction of the XRP token, the regulator has gotten involved in a case against Ripple Labs. Additionally, the SEC has pressured companies that provide crypto loan products to register with them. For example, BlockFi was fined $100 million in February for failing to register high-yield interest accounts that the SEC views as securities.
The CFTC would compel exchanges like Coinbase and FTX to register, oversee trading, safeguard investors from mistreatment, and only provide assets immune to market manipulation, among other requirements. Additionally, they would be required to provide details regarding the listed assistance, such as operating procedures and potential conflicts of interest.