On September 13, in response to
Coinbase Chief Legal Officer Paul Grewal's disclosure on the X platform that the SEC had previously misrepresented the characterization of the token, he specifically stated in footnote 6 of Binance's amended complaint that "the SEC regrets any confusion it may have caused", which refers to the SEC's previous erroneous statement that the token itself is a security.
Ripple's chief legal officer, Stuart Alderoty, responded that the SEC's move effectively acknowledged that "crypto-asset securities" were a fictional term, and that to prove that crypto-assets were investment contracts, the SEC needed a series of "contracts, expectations and understandings" of evidence. At the same time, it said that the SEC had actually fallen into a self-contradictory dilemma.