Federal Crypto Policy Shift: SEC, CFTC Outline Jurisdiction and Token Types
The guidance (1 & 2), released in Washington, D.C., outlines how various crypto assets and related activities fall under existing securities and commodities laws, while also signaling closer coordination between the SEC and CFTC as Congress weighs broader market structure legislation.
At the center of the interpretation is a formal taxonomy that categorizes crypto assets into digital commodities, digital collectibles, digital tools, stablecoins and digital securities. Regulators say the framework is designed to reduce confusion for issuers, developers and investors navigating overlapping jurisdictions.
The agencies also addressed a long-debated issue: when a crypto asset may be tied to an investment contract and when that designation may no longer apply. The interpretation states that a “non-security crypto asset” can, under certain conditions, fall within securities laws if offered as part of an investment contract, but that classification is not necessarily permanent.
SEC Chairman Paul Atkins framed the move as a course correction after years of regulatory ambiguity. “After more than a decade of uncertainty, this interpretation will provide market participants with a clear understanding of how the Commission treats crypto assets under federal securities laws,” Atkins said. “This is what regulatory agencies are supposed to do: draw clear lines in clear terms.”
“The former administration ‘refused’ to recognize that most crypto assets are not ‘securities,’” Atkins said at the DC Blockchain Summit on Tuesday.
The interpretation further clarifies how federal securities laws apply to common crypto activities, including airdrops, protocol mining, protocol staking and asset “wrapping.” These areas have drawn scrutiny in recent enforcement actions, with regulators now attempting to define consistent treatment rather than relying solely on case-by-case decisions.
The CFTC, which joined the interpretation, signaled alignment with the SEC’s framework while emphasizing its own authority under the Commodity Exchange Act. The agency noted that certain non-security crypto assets may qualify as commodities, reinforcing its oversight role in derivatives and spot market enforcement.
CFTC Chairman Michael Selig said the joint effort aims to end years of uncertainty for industry participants. “For far too long, American builders, innovators and entrepreneurs have awaited clear guidance,” Selig said, adding that the interpretation reflects a commitment to “workable, harmonized regulations” for digital assets.
The release arrives as lawmakers in Washington continue to debate bipartisan legislation that would formally divide oversight between the SEC and CFTC. Regulators described the interpretation as a bridge, offering interim clarity while statutory rules are still under development.
Market participants are expected to scrutinize the guidance closely, particularly its treatment of evolving token structures and decentralized finance applications. While the interpretation does not create new law, it provides insight into how both agencies intend to apply existing statutes moving forward.
The documents will be published on SEC.gov, CFTC.gov and in the Federal Register, with officials encouraging issuers, developers, and investors to review the materials to better understand compliance expectations in the U.S. crypto market.
For an industry that has spent years asking regulators to “just say what counts,” Washington has now answered — though how that answer plays out in practice may be the next chapter.
FAQ 🔎
- What did the SEC and CFTC announce about crypto?
They issued a joint interpretation clarifying how U.S. securities and commodities laws apply to crypto assets and transactions. - Are most crypto assets considered securities in the U.S.?
The SEC stated that most crypto assets are not inherently securities but may be tied to investment contracts in certain cases. - What activities are covered by the new crypto guidance?
The interpretation addresses airdrops, staking, mining and asset wrapping under federal securities laws. - Why is this crypto regulation update important in the U.S.?
It provides clearer rules for developers, investors and companies while Congress works on broader crypto legislation.
