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ARTICLE · 18 MARCH 2025

Crypto Regulation Battle: Securities, Commodities, Or Something Else?

Caldwell Law
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The classification of crypto assets affects taxation, investor protections, and market access. Securities fall under SEC regulations, affecting their issuance, trading, and availability.

United StatesTechnology
Marcus Wolter
Marcus Wolter
Ai-Jo Wu
Ai-Jo Wu
Elizabeth Bestwick
Elizabeth Bestwick
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Why This Distinction Matters

The classification of crypto assets affects taxation, investor protections, and market access. Securities fall under SEC regulations, affecting their issuance, trading, and availability. Bitcoin, Ethereum, and other commodities are regulated by the Commodity Futures Trading Commission (CFTC), which oversees trading and institutional investment. Crypto assets generally fall into three categories—currencies, commodities, or securities—each with distinct legal implications. The SEC classifies many tokens as securities, while the CFTC oversees Bitcoin, Ether, and other crypto commodities, including derivatives markets, creating a jurisdictional divide.1 For an overview of the shifting regulatory landscape, refer to Regulatory Volatility in Crypto: Navigating SEC Policies & Market Shifts.

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