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For years, the crypto industry in the U.S. felt like it wasn’t welcome, like the country had basically declared war on it.
Under former SEC chairman Gary Gensler, the approach was kind of lawsuits first, clarity later (not really crypto-friendly indeed).
This created a long period of uncertainty where builders, entrepreneurs, investors, and companies had to operate without clear rules, unsure whether their activity would be considered as falling under the securities law by the SEC.
But since last year, and with Paul Atkins coming into office, things have changed.
Now, the SEC and CFTC have dropped something the market has been asking for years: clear guidance on digital assets.
And yes, it’s kind of a big deal, maybe the most important regulatory shift in years in the US.
The 5 categories
The SEC now splits digital assets into five different buckets:
- Digital securities → Tokenized versions of traditional financial assets (like stocks, bonds, etc.)
- Digital commodities → Assets like Bitcoin, Ethereum, and more, that power decentralized networks
- Digital collectibles → NFTs, memecoins, and art tokens (more culture than cash flow)
- Digital tools → Utility tokens used for access, services, or infrastructure
- Stablecoins → Digital dollars with their own lane (under GENIUS Act)
So yes, only digital securities are still considered securities and remain under SEC jurisdiction. Everything else falls outside of it (with the CFTC stepping in for oversight).
Basically, after years of calling almost everything a security… the SEC just settled on the opposite.
What about staking, mining & airdrops?
Well, there is some additional good news: Mining, staking, airdrops, and even token wrapping are NOT considered as securities activities.
This again removes a major layer of legal uncertainty for some of the core activities of the crypto ecosystem, from validators to DeFi protocols.
Oh, you want more? Well, “Investment contracts” can stop being securities over time once promises are fulfilled.
That means a token can start as a security (for example during a fundraising phase) and later evolve into a non-security as the network decentralizes.
So, tokens can now legally “grow up.”
Why this matters
This is the first real market-wide regulatory clarity in the U.S. in over a decade. And it completely changes the game:
- Clear rules means less legal guesswork for founders
- The SEC and CFTC alignment ends years of turf wars
- Core crypto activities just got a regulatory green light
- Potential “innovation exemptions” should be coming soon
- Representing a loud signal to build in the U.S.
After years of fog, the industry finally sees the horizon in America.
Whether this becomes permanent law is still up to Congress, but for now, the U.S. crypto ecosystem is finally getting something it desperately needed (clarity).
And honestly? It was about time.
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