One of the main reasons this ETF was rejected is because many of the major exchanges like Bitfinex, BitMEX, Binance, and Kraken are alleged to be manipulators of spot price though wash trading, and front running their customers.
>"[23] Bitcoin are interchangeable, so that a purchaser is sure to get exactly the same thing no matter where she purchases it."
This is no longer true. Bitcoin transactions that have history tied to stolen funds, and illegal black market transactions will get your exchange account frozen and bank account flagged. ( see BTCe caught laundering MTGox funds https://www.theguardian.com/technology/2017/jul/27/russian-c... )
>[24] In addition, bitcoin mining is not geographically limited (except to the extent it migrates to places with cheap electricity), so it is not subject to geopolitical threats that plague other commodity markets.
This is a naive and incorrect risk assessment. Any large ISP is in a position to interfere, suppress, and drop traffic. Chinese based Bitmain, the largest BTC ASIC mining manufacture and the top known mining pools based in China are currently controlling over 40% of network block activity.