Not even within the SEC they seem to agree with this view. As shown by the plenty dissent letters SEC Commissioner Hester Pierce has sent.
https://www.forbes.com/sites/digital-assets/2023/04/19/i-dis...
https://www.sec.gov/news/statement/peirce-statement-kraken-0...
https://www.sec.gov/news/statement/peirce-rendering-inovatio...