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7toraka
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👉There’s a lot of uncertainty, so let’s look at it from two angles—one optimistic and one pessimistic.
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A New Era for Crypto: How the 2025 Trump Administration Transformed U.S. Crypto Policy
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How to Put America on top of Crypto:US President's Working Group Report
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Trump’s Executive Order on Allowing Crypto Assets and Alternative Investments in 401(k) Plans
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What Is The CLARITY Act?
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👀Are Tokens Securities or Commodities? The regulatory conflict between the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) over cryptocurrencies is rooted primarily in their differing legal mandates and interpretations of digital assets. 👉The SEC’s jurisdiction covers securities, broadly defined by the 1946 Howey Test, which it has applied to many crypto tokens as investment contracts subject to federal securities laws. 👉Under former Chair Gary Gensler, the SEC aggressively pursued enforcement against many crypto issuers and exchanges, claiming most tokens were unregistered securities, but did not provide new, tailored regulations specific to digital assets, creating uncertainty for market participants. 👉The CFTC oversees commodities and their derivatives. It classifies widely known tokens like Bitcoin and Ethereum as commodities and regulates their futures and derivatives markets, but has limited authority over spot markets, mainly focused on anti-fraud enforcement. 👉This overlap and ambiguity left crypto firms in a regulatory gray zone, uncertain whether their products were securities (SEC) or commodities (CFTC), resulting in conflicting jurisdictional claims and inconsistent regulatory treatment. Lawmakers sought to resolve this by clearly defining regulatory boundaries, and the CLARITY Act was introduced to establish a durable statutory framework dividing authority between the SEC and CFTC.
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