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Crypto Regulation

SEC and CFTC Split Crypto Oversight by Activity Type

US crypto oversight is divided by activity: securities offerings and trading fall under SEC authority, while commodity derivatives and spot-market fraud fall under the CFTC. The distinction matters because a proposal does not carry the force of an exemption or a law. The two agencies’ powers differ by market segment.

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AI take

The functional split matters less for which agency gets named than for the gap between a proposal and an exemption or statute — activity-based dividing lines only bind once they carry legal force. Projects whose tokens could plausibly sit on either side of the securities/commodity line face the most ambiguity, since each agency's authority is scoped to a different market segment. Whether the proposal is followed by formal rulemaking or statutory codification is the open question.

Generated by AI for reference only.

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