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SEC Selective Enforcement Throws Doubt On Whether Securities Rules Apply to Crypto
Digital assets have created a jurisdictional tug of war between the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) over whether cryptocurrencies should be regulated as commodities or securities. Also tugging on that rope sit those who say cryptocurrencies are neither, and need new bespoke rules.
While the SEC stands its ground that existing securities rules apply to cryptocurrencies and that no additional rulemaking is required, the commission's sometimes selective enforcement actions continue to fuel confusion.
During the symposium entitled "Regulating Crypto: Perspectives from Key Stakeholders" co-hosted by Lowenstein Crypto and Rutgers Law School, panelists explored how these lingering confusions are likely to lead to more enforcement actions and litigation going forward.
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