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SEC and CFTC Redraw Crypto Lines, Pledge Deeper Coordination in New Framework

The move marks a pivot to published rules alongside sandbox exemptions as a temporary bridge until Congress establishes a lasting regime.

Overview

  • On March 17, the agencies issued a joint interpretive release that says most crypto assets are not themselves securities and classifies tokens into digital commodities, collectibles, tools, stablecoins, and digital securities.
  • The interpretation anchors the digital‑commodity category with examples such as Bitcoin, Ether, Solana, XRP, Cardano, and Litecoin, while confirming tokenized traditional instruments remain securities.
  • The release takes immediate effect, supersedes the SEC’s 2019 digital‑asset framework, invites public comment, and reaffirms the Howey test as controlling law applied to crypto‑specific facts.
  • A separate 14‑page MOU formalizes SEC‑CFTC coordination to reduce duplicative examinations and enforcement, expand information sharing including non‑public data, and align data practices under federal IT and NIST standards.
  • SEC Chair Paul Atkins signaled near‑term proposals for rules and safe‑harbor or sandbox exemptions to operationalize the guidance, describing it as an interim step while measures like the CLARITY Act await Senate action.