Maybe it isn’t clear?
In the press, he says that "actors are not complying" but not being able to answer the most simple question (there are others more complex) is *not* playing in SEC favour.
Comply with what? Ethereum is the most used "crypto"-currency and the ecosystem players like Coinbase (a YC company) are right by saying they *can't* comply... they don't know what they are supposed to do despite asking repeatedly for years.
Comply by not operating at all probably. Just the SEC can't outright say that.
"great! how would they apply to this simple example?"
"lol, no I can't tell you that!"
Heck half of the court system from Appellate to the Supreme court is to figure out what is and isn’t legal. Most government agencies won’t tell you if something is legal or illegal because they don’t know unless there clear case law on the subject, in which case your attorney should know, and they’d spend all day guessing.
If Coinbase wants clarity then take it to court and run it up the flagpole.
Show me a country where the government tells whether or not you're breaking the law without actually prosecuting you.