regulation
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Is Crypto a Security? (Part VI: Practical Compliance Guide)
Read More: Is Crypto a Security? (Part VI: Practical Compliance Guide)In 2025, compliance for token issuers, exchanges, and developers is focused on proactive, transparent processes, rather than merely fulfilling legal requirements. Token issuers must ensure utility before launch, avoid misleading promotions, and utilize established securities exemptions. Exchanges must implement comprehensive token-classification frameworks and monitor communications. Developers and DAOs are advised to minimize reliance on central…
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Is Crypto a Security? (Part V: The Regulatory Landscape in 2025)
Read More: Is Crypto a Security? (Part V: The Regulatory Landscape in 2025)In 2025, U.S. digital asset regulation is characterized by fragmentation and shifting agency priorities. The SEC has shifted from aggressive enforcement to a more measured approach, emphasizing comprehensive frameworks over regulation-by-enforcement. However, dual jurisdiction with the CFTC complicates classifications of tokens as either commodities or securities, leading to regulatory uncertainty. Congress is debating various proposals…
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Is Crypto a Security? (Part I: The Howey Test)
Read More: Is Crypto a Security? (Part I: The Howey Test)Following our Introduction, posted last week, today’s article is Part I of our multi-article series: Is Crypto a Security? U.S. securities law does not contain a dedicated statute for digital assets. Instead, the SEC and courts continue to apply the investment contract doctrine from SEC v. W.J. Howey Co.—a 1946 Supreme Court case involving orange…
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Is Crypto a Security? (Introduction)
Read More: Is Crypto a Security? (Introduction)The classification of crypto assets as securities remains a complex issue in 2025, despite years of regulatory scrutiny. Courts have varied in their interpretations, distinguishing between the tokens themselves and their sales context. While the SEC’s aggressive enforcement has created uncertainty within the regulatory environment, recent indications show a possible shift towards clearer guidelines and…
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SEC’s Approach to Digital Assets: Key Insights from Paul Atkins
Read More: SEC’s Approach to Digital Assets: Key Insights from Paul AtkinsIn Paul Atkins’ speech, “The SEC’s Approach to Digital Assets,” he indicates a shift in the SEC’s regulatory stance, from strict enforcement to embracing digital asset innovation while prioritizing market integrity. He introduces a taxonomy for digital assets, distinguishing between securities and non-securities based on their functionality. Atkins highlights that tokens might evolve from investment…
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CFTC Emphasizes Existing Frameworks for Crypto Regulation
Read More: CFTC Emphasizes Existing Frameworks for Crypto RegulationActing CFTC Chairman Caroline D. Pham outlined a regulatory strategy for digital assets during her speech to the UK All-Party Parliamentary Group on Blockchain Technology. Emphasizing the importance of leveraging existing frameworks, she introduced initiatives like the Crypto Sprint, committed to engaging directly with market participants, and highlighted the need for coordination with international regulatory…
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Polymarket Approved to Relaunch: What It Means for Prediction Markets
Read More: Polymarket Approved to Relaunch: What It Means for Prediction MarketsPolymarket has secured CFTC approval to relaunch in the U.S. after three years, following its acquisition of QCEX. The CFTC granted a no-action letter allowing QCX and QC Clearing to bypass certain reporting rules for event contracts. This marks a significant regulatory shift recognizing prediction markets as legitimate financial instruments, enhancing competition in the sector.
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SEC and CFTC Joint Statement on Spot Crypto Trading
Read More: SEC and CFTC Joint Statement on Spot Crypto TradingThe SEC and CFTC’s joint statement clarifies that registered exchanges can facilitate trading in certain spot crypto-asset products, promoting regulatory clarity and market innovation. While not binding, it encourages compliance and proactive engagement from exchanges. This marks a shift toward supportive regulation in the U.S. crypto landscape, focusing on investor protection and market integrity.
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Navigating NFTs and Intellectual Property Law
Read More: Navigating NFTs and Intellectual Property LawAs NFTs transition from collectibles to commercial tools, the legal framework around intellectual property is uncertain, particularly concerning copyright and AI-generated works. Ownership rights often remain undefined, complicating the NFT landscape. Creators must establish clear licensing, ensure human authorship, and address royalty enforcement to mitigate legal risks in this evolving environment.
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Hester Peirce: Rethinking Financial Surveillance and Privacy in Crypto
Read More: Hester Peirce: Rethinking Financial Surveillance and Privacy in CryptoSEC Commissioner Hester Peirce’s speech at U.C. Berkeley highlighted tensions in digital finance between disintermediation and regulatory surveillance. She emphasized the need to rethink outdated legal doctrines, such as the third-party doctrine, and advocated for modernizing financial reporting to better protect privacy while ensuring compliance. The balance between liberty and security remains crucial.