Crypto.com's Novel And Proactive Attempt To Force Regulatory Clarity

Regulatory uncertainty has haunted the digital asset space since its inception. The U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) have been engaged in a multi-year turf war over which agency has the power to regulate various aspects of digital assets. While Congress has been actively considering multiple pieces of legislation that would have a dramatic impact on the regulatory environment for digital assets, both agencies have brought enforcement actions against many of the leading digital asset businesses. Perhaps most controversially, the SEC's actions have been largely predicated on the notion that virtually all digital assets are "securities" or sold as "investment contracts" under U.S. securities laws.