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SEC and CFTC Use Regulatory Authority to Expand Crypto Access After CLARITY Act Stalls

(14 days ago) · 1 source · Summarized by CryptoBipto

The SEC and CFTC have reportedly moved to open up crypto access through their own regulatory authority after the CLARITY Act failed to pass Congress. The agencies are taking independent action to establish frameworks for crypto market participation, though the approach comes with limitations compared to what comprehensive legislation would have provided.

WHY IT MATTERS

In the United States, there are two main ways rules get made: Congress passes a law, or government agencies create rules using powers they already have. Think of it like a school — the school board (Congress) can create new policies, but the principal (agencies like the SEC and CFTC) can also set certain rules within their existing authority. The SEC oversees stocks and similar investments, while the CFTC oversees commodities like oil and wheat. Both have claimed some authority over different types of crypto. When Congress failed to pass a law clarifying how crypto should be regulated, these two agencies decided to act on their own. For people new to crypto, this matters because the rules governing how you can buy, sell, and use digital assets in the U.S. are being shaped by agency decisions that could change with future administrations, rather than by a more permanent law.

The CLARITY Act was a proposed piece of legislation aimed at providing clear regulatory guidelines for the cryptocurrency industry, including defining which digital assets fall under the jurisdiction of the SEC (which oversees securities) and which fall under the CFTC (which oversees commodities).

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