Do you think that if the SEC thinks that Coinbase is operating some sort of unregulated securities exchange, that they should bring some sort of enforcement action?
Call a police department and ask them if you are allowed to bury your recently deceased relative on your property. They will tell you to get a lawyer. If they feel like arresting you for illegal disposal of human remains you can't use the defense 'but I asked them and they wouldn't tell me'.
Example: 'Would it be fraud if I bought an Amazon gift card with my credit card and sold it for cash since that would be a cash advance but it went through as a regular purchase?'
Would you expect that the FTC answer that question for you in a binding way?
Note: by 'you' I mean if you were in the position of a regulated entity.
The SEC is not deciding what is legal or not, they're deciding whether or not to bring an enforcement action. The court decides if that is legal.
They have muddied the waters with their public comments.
Hopefully these lawsuits will provide better clarity or we'll have to wait on pending legislation to provide clarity on how the US views decentralized asset classification.