The Rising Crypto Power of the CFTC

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Author: Jack Inabinet, Senior Analyst at Bankless; Translator: Jinse Finance

The institutionalization of cryptocurrencies is taking shape at an unprecedented pace – the latest guidance from the U.S. Commodity Futures Trading Commission (CFTC) is a landmark document that foreshadows how the agency will shape the future direction of the industry .

Last week, the derivatives regulator announced that it would allow registered futures exchanges to conduct spot cryptocurrency trading. Just yesterday, the agency approved a three-month pilot program authorizing registered exchanges to use Bitcoin, Ethereum, or USDC as collateral for trading.

Today, we will delve into the recent regulatory moves by the U.S. Commodity Futures Trading Commission and the Securities and Exchange Commission, and analyze the true meaning of "regulatory clarity" for the future development of the industry.

1. From severe crackdown to clear regulation

The cryptocurrency industry is no stranger to regulatory action.

In recent years, regulation has largely manifested as enforcement actions—regulatory agencies have sued crypto companies, accusing their products of violating federal law. More recently, it has taken the form of "no-action letters," where regulators promise not to take enforcement action as long as the companies operate within specified limits.

The industry has long called for constructive regulatory clarity that can truly expand access to cryptocurrencies. Now, the U.S. Commodity Futures Trading Commission appears to be delivering on that promise with two recent announcements.

As more traditional financial exchanges introduce cryptocurrency spot markets, access to digital assets—from volatile cryptocurrencies to tokenized physical asset markets—is improving . Similarly, as more exchanges begin accepting digital assets as collateral, the use cases for digital assets are expanding.

By approving the integration of crypto infrastructure with registered exchanges, the U.S. Commodity Futures Trading Commission has fundamentally enhanced the utility of blockchain-based assets.

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2. Regulatory Roadmap

In addition to the two recent initiatives by the U.S. Commodity Futures Trading Commission, U.S. financial regulators are working to push for comprehensive cryptocurrency regulatory reform , and the U.S. Securities and Exchange Commission (SEC) is also seeking to issue market structure guidance for cryptocurrency builders.

Two major regulatory agencies are working together to advance President Trump’s cryptocurrency agenda— the Commodity Futures Trading Commission is launching a “crypto sprint” while the Securities and Exchange Commission is working to bring “crypto projects” to fruition.

While the specific implementation details are not yet clear, we are certain that President Trump's agenda requires (among other things) that the Commodity Futures Trading Commission (CFTC) be given "clear authorization to regulate the spot market for non-securities digital assets," while also requiring the Securities and Exchange Commission (SEC) to develop clear guidance on the interaction between securities laws and digital assets.

In the coming years, the U.S. Commodity Futures Trading Commission and the U.S. Securities and Exchange Commission are expected to finalize rules for digital asset trading, clearing obstacles for the unimpeded circulation of approved digital assets in the U.S. capital market.

At the same time, as banking institutions receive clear guidance from regulators such as the Federal Reserve, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency, digital assets will increasingly integrate into the traditional financial system; and law enforcement agencies (especially the Treasury Department and the IRS) will institutionalize their authority to enforce U.S. laws and regulations in the blockchain field .

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3. Regulation or overstepping boundaries?

After experiencing harsh treatment from regulators during the Biden era, the cryptocurrency industry warmly welcomed the bottom-up guidance shift from regulators under the Trump era. However, the risk of regulators overstepping their bounds in the struggle for control over digital assets remains a real concern for the industry.

For example, the U.S. Commodity Futures Trading Commission was established to regulate the commodity futures market, not the commodity spot market. With its new mandate to regulate the cryptocurrency spot market, the agency will ultimately decide which cryptocurrencies qualify as digital asset commodities—a previously ungranted power that unsettlingly approaches regulatory overreach.

If this trend continues, the Trump administration may successfully integrate blockchain technology into the financial system. However, achieving this agenda may also come with the risk of establishing comprehensive financial controls and expanding the scope of regulatory oversight.

Cryptocurrencies are undeniably entering an institutional era. Regulated exchanges are opening their doors to digital assets, banking institutions are preparing to integrate crypto infrastructure, and federal agencies are drafting long-awaited digital asset regulations .

However, the reality that regulators must make decisions reveals a deeper truth: once the regulatory framework is embedded in the law, any attempt to deviate from the norm will once again become a clear target of enforcement action.

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Disclaimer: The content above is only the author's opinion which does not represent any position of Followin, and is not intended as, and shall not be understood or construed as, investment advice from Followin.
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