TREE NEWS reports: The SEC and CFTC have issued a raft of pro-crypto rules recently, but a legal opinion published this week asks whether those rules will hold up in court and whether they can be easily rolled back by the “anti-crypto army”. The analysis focuses on the durability of the agencies’ recent rulemaking rather than any single enforcement action.
Legal opinion questions durability of SEC and CFTC pro-crypto rules
The shift here is from enforcement to rulemaking, which changes the terrain: agency rules are slower to build but also slower to unwind, and they invite court challenges rather than just industry complaints. That durability question matters most for businesses that have to decide whether to build compliance around these rules or wait for litigation. The open question is whether the legal opinion's skepticism proves prescient, or whether the rules survive both court scrutiny and a change in political control.
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