[cryptolaw_takeaway]The CFTC has consistently classified Bitcoin, Ethereum, and other cryptocurrencies as commodities subject to Commodity Exchange Act jurisdiction. However, ongoing disputes with the SEC over jurisdiction create regulatory uncertainty. Recent legislative proposals aim to establish clearer boundaries between agency authority over digital assets.[/cryptolaw_takeaway] CFTC Commodity Classification The Commodity Futures Trading Commission has maintained since at…
[cryptolaw_takeaway]The Howey Test remains the SEC primary framework for classifying crypto assets as securities. Under this 1946 Supreme Court standard, a token is a security if it involves an investment of money in a common enterprise with an expectation of profits derived from the efforts of others. Recent enforcement actions against Ripple, Coinbase, and Binance…
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