SEC says crypto shift begins with guidance not final rule

The United States Securities and Exchange Commission signalled a major shift in its approach to digital asset regulation following a newly issued interpretative notice this week.

SEC Chair Paul Atkins said the agency would move away from its previous strategy of regulation through enforcement actions.

He explained that the SEC would instead prioritise clarifying how existing federal securities laws apply to cryptocurrencies.

The updated stance follows a memorandum of understanding signed with the Commodity Futures Trading Commission aimed at coordinating oversight.

Atkins stressed that the new interpretation should not be seen as a complete solution to crypto regulation.

"While the interpretation provides long-needed clarity, I should like to assure this audience that it amounts to a beginning, not an end,"

Paul Atkins said.

The guidance suggests that most cryptocurrencies are unlikely to be classified as securities under federal law.

The SEC noted that only one category remains clearly within its jurisdiction, which is traditional securities that have been tokenised.

Atkins also clarified that digital commodities, tools, collectibles, and non-fungible tokens typically fall outside the SEC’s regulatory scope.

Stablecoins were likewise identified as digital assets that generally do not fall under the agency’s authority.

The interpretation could reshape how enforcement actions are handled moving forward across the crypto sector.

Meanwhile, lawmakers continue to work on broader legislation that could redefine regulatory responsibilities.

A proposed market structure bill known as the CLARITY Act is expected to grant greater oversight powers to the CFTC.

The bill passed the House of Representatives in July 2025 but remains pending in the Senate Banking Committee.

Progress has slowed due to ongoing concerns about how stablecoin yield should be treated within financial regulations.

Discussions intensified as Republican senators met privately with White House crypto adviser Patrick Witt.

The meeting included key lawmakers involved in drafting and advancing the legislation.

A spokesperson for Senator Cynthia Lummis described the talks as productive and nearing resolution on key issues.

The team indicated that lawmakers are close to reaching agreement on stablecoin yield provisions.

Negotiations on broader digital asset rules were also reported to be in a strong position.

The outcome of the bill could determine whether the SEC or the CFTC takes the lead in crypto oversight.

Industry participants are closely watching both the SEC’s interpretation and the progress of the legislation.

The combined developments mark a critical phase in shaping the future of cryptocurrency regulation in the United States.