SEC and CFTC Chart New Course for US Crypto Regulation
The US crypto regulatory environment has undergone significant changes in 2026 as the SEC and CFTC have accelerated policymaking. The CLARITY Act, which aimed to establish a framework for dividing the crypto market between the two agencies, remains unresolved in Congress.
Despite this, regulators have introduced numerous measures addressing token classification, staking, DeFi, tokenized stocks, spot markets, perpetual futures, and blockchain infrastructure. These actions include exemptions, proposals, guidance, and interpretations that cover many of the same questions that prompted Congress to consider comprehensive market-structure legislation.
The SEC's Crypto Task Force, established by Commissioner Hester Peirce, has been instrumental in determining which crypto assets fall under securities law and developing workable registration pathways. The agency has also issued guidance on staking, mining, and airdrops, as well as proposing a dedicated fundraising regime.
The CFTC is building the commodity-market side of the framework, focusing on determining where and how assets can trade inside regulated markets. Its Innovation Task Force aims to accelerate regulatory work covering crypto, blockchain, AI, and prediction markets.