TREE NEWS update: CFTC Chairman Michael Selig announced at an Innovation Advisory Committee meeting that he has directed staff to explore crypto-related policies, including developer protections, signaling the agency’s readiness to act on digital asset regulation if the CLARITY Act does not pass. This move underscores proactive regulatory engagement in the crypto space.
CFTC Chair to Advance Crypto Regulation if CLARITY Act Fails
The signal here is jurisdictional: the CFTC is preparing to move on digital assets regardless of whether Congress delivers a market-structure framework, which shifts the locus of rulemaking from legislation to agency discretion. Developer protections are the notable piece, since they touch on how liability is assigned for code rather than for intermediaries. The open question is whether this staff-level exploration hardens into formal proposals, and how that interacts with the CLARITY Act's path — or its failure — in Congress.
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