Earlier quoted context omitted.
When was ETH declared as not a security? I don't remember hearing anything about that. The SEC says only BTC is a commodity: https://www.axios.com/2022/06/28/bitcoin-is-the-only-coin-th... The CFTC says only BTC is a commodity: https://cryptoslate.com/cftc-chair-rostin-behnam-snubs-ether... People keep saying that regulation is unclear, when let's be honest, it's perfectly clear. Just not what a lot of people wanted…
The fact that they have been asked, point blank, by congress, "is ETH a security?" and the SEC wouldn't answer is pretty fair for claiming "not perfectly clear." Even here, it wasn't all of ETH that is under question. So, if you have bought some ETH from coinbase, it isn't under fire here. If you paid them to stake your ETH, it is. It is unclear, to me, what it would mean for any ETH you staked personally.
It wasn't a good look. For the congresscritter.
(I wonder how much money he's gotten from Sam, CZ, and Coinbase...)
[1] The fallacy in question is the congresscritter's claim[2] that a security can't also be a commodity. This is trivially disprovable by a simple example - an isolated company town using scrip, where the scrip also happens to be company stock.
[2] Whenever the chair would start responding to the fallacy, the congresscritter shouts over him, because if he doesn't, his argument-in-the-form-of-a-question falls to pieces.