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Regulatory jurisdiction and cooperation between SEC, CFTC, and Congress

Regulatory jurisdiction and cooperation between SEC, CFTC, and Congress

US Crypto Oversight Showdown

U.S. Cryptocurrency Regulation: Progress Toward Clarity, Cooperation, and Market Stability

The rapidly evolving digital asset ecosystem in the United States continues to make significant strides toward establishing a clear, cooperative, and resilient regulatory framework. Recent legislative developments, enhanced inter-agency collaboration, infrastructural advancements, and innovative product launches are collectively shaping a landscape designed to foster responsible innovation, protect investors, and position the U.S. as a global leader in the crypto economy.


Legislative Milestone: The Senate’s Vote on the Clarity Act

A pivotal moment is on the horizon as the Senate prepares to vote on the Clarity Act, a comprehensive legislative package aimed at resolving long-standing jurisdictional ambiguities between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC). For years, overlapping authority has led to conflicting enforcement actions, regulatory uncertainty, and hesitation among innovators and investors alike.

Main objectives of the legislation include:

  • Defining clear jurisdictional boundaries: Clarifying that the SEC oversees securities, while the CFTC manages derivatives and commodities, thereby reducing regulatory overlap.
  • Streamlining compliance and enforcement: Establishing a cohesive framework that minimizes redundant requirements and simplifies procedures for market participants.
  • Supporting responsible innovation: Providing a transparent legal structure that guides emerging products without compromising investor protections.
  • Strengthening investor protections: Implementing consistent oversight mechanisms to reduce fraud, misconduct, and market manipulation.

Industry leaders are optimistic. Senator Cynthia Lummis remarked, “This legislation will finally provide the legal clarity needed for responsible innovation to thrive in the United States.” The outcome of the Senate vote could significantly reshape both domestic and international digital asset markets, fostering a more stable, fair, and competitive environment.


Strengthening Inter-Agency Collaboration: SEC and CFTC Coordinate Strategies

Beyond legislative efforts, the SEC and CFTC are increasingly working together to harmonize regulatory approaches. SEC Chair Gary Gensler and CFTC Chair Rostin Behnam have committed to developing aligned policies through ongoing dialogue, joint initiatives, and collaboration with the White House.

Recent efforts include:

  • Enhanced information sharing: Agencies are now exchanging real-time data to monitor risks, especially in DeFi protocols, staking services, and tokenized assets.
  • Joint enforcement operations: Coordinated actions are targeting fraudulent schemes and misconduct, establishing a unified enforcement front that clarifies regulatory priorities and deters illicit activities.
  • Harmonized rulemaking: Agencies are working on standardized standards to reduce fragmentation, providing clearer guidance for market participants and innovators.

In addition, the SEC Division of Trading and Markets recently updated its crypto FAQ, offering more precise guidance. Notably, it clarifies that broker-dealers can treat qualifying “payment stablecoins” as “ready markets,” which could facilitate seamless trading and settlement processes involving certain stablecoins used in payments. This signals a move toward integrating stablecoins more effectively into traditional trading infrastructure.

This cohesive, collaborative approach is vital as the sector expands rapidly—often operating near regulatory fringes. A unified oversight framework will support market transparency, operational stability, and sustainable growth, while encouraging institutional participation and safeguarding market integrity.


Regulatory Approvals and Infrastructure Growth

Recent developments underscore growing regulatory acceptance and advances in infrastructure designed to support institutional involvement:

  • Crypto.com has received initial approval to operate as a federally regulated crypto custodian bank in the U.S., marking a significant milestone toward building a resilient custody infrastructure aligned with federal standards. This approval boosts confidence among institutional investors, addressing a key barrier to mainstream adoption.
  • The approval facilitates the development of comprehensive banking infrastructure tailored for digital assets, blending traditional banking principles with blockchain solutions. This infrastructure aims to enhance security, compliance, and operational stability, essential for fostering trust and participation at larger scales.

Such infrastructural progress addresses security concerns and meets regulatory standards, creating a more trustworthy environment for both retail and institutional participants, and paving the way for broader market participation.


Product Innovation and Approvals: Bridging DeFi and Traditional Markets

The industry continues to push forward with product development and regulatory approvals, demonstrating how innovation navigates regulatory frameworks:

  • Grayscale’s AAVE Trust-to-ETF Filing: On February 13, Grayscale submitted a proposal to convert its AAVE trust into an ETF, aiming to bridge DeFi assets with regulated investment channels. This move signifies a substantial step toward mainstreaming DeFi assets within traditional investment vehicles.

  • New Product Launches: The SEC recently approved the Grayscale Ethereum Staking Mini ETF, which enables in-kind creation and redemption, making staking products more accessible. Additionally, U.S.-listed Bitcoin and Ethereum ETFs continue to attract substantial institutional inflows—for example, Fidelity’s Bitcoin ETF recently garnered $12 million in new assets, underscoring persistent investor confidence despite market volatility.

  • Partnerships for Secure Staking and Custody: Collaborations like 21Shares partnering with BitGo aim to expand secure, compliant staking and custody services, broadening access to crypto Exchange-Traded Products (ETPs) and encouraging institutional involvement.

A noteworthy milestone is the launch of the first-ever spot SUI ETFs, led by Grayscale and Canary Capital. These staked SUI ETFs, highlighted in industry videos like "Canary lists spot SUI ETF with staking rewards," demonstrate how product structures are adapting to regulatory boundaries—balancing innovation with investor protection. They exemplify ongoing regulatory challenges in defining oversight for staking and tokenized assets.

Additionally, the [10-K] report for Grayscale Ethereum Staking Mini ETF was filed recently, emphasizing transparency and regulatory compliance. The report notes that prices of Ether may be affected due to stablecoins (including Tether and USDC), the activities of stablecoin issuers, and related market dynamics, highlighting ongoing considerations around how stablecoins influence the broader crypto ecosystem.


Market Flows, Liquidity, and Institutional Moves

Despite some cautious sentiment, market activity remains vigorous:

  • U.S. spot crypto ETF outflows have recently accelerated to approximately –$240.87 million, with five consecutive weeks of net withdrawals totaling about $316 million as of late February 2026. These outflows are driven by macroeconomic uncertainties and evolving regulatory concerns.
  • In-kind creation and redemption mechanisms, employed by platforms like Binance, continue to help maintain liquidity and stability during turbulent periods.
  • Conversely, assets such as Solana (SOL) and XRP continue to see inflows exceeding $76 million, reflecting diversification and confidence in assets with strong fundamentals.

Recent institutional activity includes:

  • BlackRock’s deposit of $270 million in Bitcoin and Ethereum to Coinbase, amid ETF outflows and sector rotation strategies toward traditional assets like gold. This indicates continued institutional confidence and strategic reallocations within digital assets.
  • Analyst reports, such as those from Bloomberg’s James Seyffart, reveal that Bitcoin ETF holders sold approximately 25,098 BTC in Q4, roughly 25,000 BTC, highlighting ongoing profit-taking and risk management.
  • New 13F filings show that major Wall Street firms are reducing their Bitcoin ETF holdings by over $1.6 billion, reflecting cautious positioning amid macroeconomic and regulatory uncertainties.

Recent Market Dynamics: Investor Sentiment and Sector Resilience

Adding to the evolving landscape, recent market movements reveal significant outflows and resilience:

Investors Pull Nearly $818 Million From Bitcoin ETFs as Cryptocurrency Tanks

This headline underscores recent volatility and risk-off sentiment in the sector, with Bitcoin ETFs experiencing substantial reversals amid broader market declines. Despite such turbulence, the sector’s resilience is evident in ongoing institutional activity and product launches, signaling confidence in the long-term growth trajectory.


Outlook: Toward a Responsible and Innovative Ecosystem

The convergence of legislative progress, inter-agency cooperation, infrastructural development, and innovative product launches paints an optimistic picture for the future of U.S. digital assets:

  • Enhanced regulatory clarity and cooperation are expected to foster responsible innovation, attracting increased institutional participation.
  • Market confidence should improve through transparent, predictable frameworks, encouraging broader retail and institutional engagement.
  • The sector’s expansion into DeFi, staking, and tokenization will be facilitated by balanced regulatory oversight, supporting sustainable growth.
  • Market stability and resilience will be strengthened by institutional inflows and advanced infrastructure, reinforcing the U.S.'s position as a global digital asset hub.

Current Status and Final Reflections

The U.S. digital asset ecosystem is demonstrating remarkable progress toward a cohesive, transparent, and responsible regulatory environment. The Senate’s upcoming vote on the Clarity Act, ongoing inter-agency collaboration, regulatory approvals like Crypto.com’s custodian license, and innovative product launches collectively lay a strong foundation for mature and resilient markets.

Recent developments, including BlackRock’s strategic deposits, ETF outflows by certain institutional holders, and the launch of spot SUI ETFs, reflect a sector balancing growth with caution. The future of the U.S. crypto landscape hinges on clarity in regulation, harmonized oversight, and robust infrastructure that support responsible innovation.

As regulatory frameworks sharpen, the U.S. is poised to lead responsibly into the future, fostering economic growth, technological advancement, and financial inclusion within a predictable, secure environment. This dynamic environment will sustain the nation’s role as a global digital asset hub for years to come.

Sources (16)
Updated Feb 26, 2026