When Trump took office, we started seeing the same headline every 3-5 business days:
“Case against <insert crypto company name> dismissed.”
That’s because before this, under Biden, the go-to strategy for handling crypto was regulation by enforcement – especially from the SEC. In other words, instead of making new rules, they sued companies and figured the rest out in court.
Now, though, with a more crypto-friendly administration in charge, a lot of those cases are getting thrown out the window.
“Sooo… we’re entering crypto’s wild west era, where anything goes and outlaws thrive? 😈” – You, maybe.
Hold your horses, partner 🤠
CFTC acting chair Caroline Pham says that just because the government supports innovation, doesn’t mean fraud is suddenly okay.
So, while they’re not trying to criminalize crypto as a concept, they won’t tolerate “lying, cheating, and stealing.” Doesn’t matter who’s president.
What might sound interesting is that these remarks came from the CFTC – not the SEC, even though the SEC was usually the one handling most crypto cases.
So what’s the CFTC doing here?
Thing is, crypto regulation has been a mess for a while now. Both the SEC and the CFTC have claimed authority over crypto in the past – even though they oversee very different things:
The SEC deals with securities: stuff you invest in expecting someone else to make it profitable. These have strict disclosure, registration, and investor protection rules;
The CFTC covers commodities and derivatives: something you buy/sell without expecting someone to grow their value. The rules there are a bit looser unless there’s fraud or market manipulation involved.
And where does crypto fit in? Well… that’s the messy part. The law still hasn’t really decided.
That’s what lawmakers are trying to fix with bills like the CLARITY Act, which aims to finally draw a clean line between what falls under the SEC’s authority and what belongs to the CFTC.
(It’s already made it through both the House Agriculture Committee and the Financial Services Committee. Next up: a full vote in the House.)
This bill would introduce a new category: digital commodities.
Here’s how it’d work:
👉 If a token is decentralized – meaning no single group controls it or is responsible for making it grow – it’d be treated as a digital commodity, and regulated by the CFTC.
👉 If a token is tied to a centralized project or organization, especially one that’s promoting it and raising money with promises of profit, it would likely be a security. So, SEC territory.
And no, calling something “decentralized” doesn’t automatically get it off the hook. Regulators are looking at how a project actually works, not just what it claims to be.
Just like Pham said – being friendly to innovation doesn’t mean turning a blind eye to fraud. If a project is lying or a scam, it’ll still be held accountable.
Now you’re in the know. But think about your friends – they probably have no idea. I wonder who could fix that… 😃🫵
Spread the word and be the hero you know you are!
