Digital assets have created a jurisdictional tug-of-war between the US Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) over whether cryptocurrencies should be regulated as commodities or securities. On the third imaginary side of that rope sit those who say that cryptocurrencies are neither and need new tailored rules.
While the SEC is adamant that existing securities regulations applies to cryptocurrencies and that no additional rulemaking is required, the commission’s sometimes selective enforcement actions continue to create confusion.
