$ETH The legal status of Ether (ETH), Ethereum's native token, remains subject to uncertainty and varies substantially from one jurisdiction to another.

In the United States, regulatory authorities have increasingly signaled that Ether should be treated as a commodity under the jurisdiction of the Commodity Futures Trading Commission (CFTC). The CFTC has repeatedly asserted its regulatory authority over Ethereum, with former CFTC Chairman Heath Tarbert stating in 2019 that "ETH is a commodity" and subsequent leadership maintaining this position.[94][95] This classification is largely based on the decentralized nature of the Ethereum network, distinguishing it from securities that represent investments in a common enterprise.

From a private law perspective, many jurisdictions have recognized Ether as a form of intangible personal property that can be owned, transferred, and used as collateral, similar to other forms of personal property.[96] In the United States specifically, the 2022 Amendments to the Uniform Commercial Code (UCC) introduced "controllable electronic records" (CERs) as a new category of personal property that includes digital assets like Ether. Under UCC Article 12, ETH is classified as a CER, which provides a comprehensive framework for its commercial circulation.[97]