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Securities or Commodities? A Decade-Long Tug-of-War Ends as the 'Crypto Market Structure Act' Races to the Senate

The "Cryptocurrency Market Structure Act" (CLARITY Act) is advancing to the U.S. Senate for final review after passing the House with strong support. The bill aims to resolve the long-standing regulatory debate over whether cryptocurrencies are classified as securities or commodities. It introduces a clear framework: tokens on decentralized blockchains are defined as "digital commodities" under CFTC oversight, while those meeting the Howey test remain securities regulated by the SEC. Key provisions include a "mature blockchain" exemption for highly decentralized networks like Bitcoin and Ethereum, a 360-day temporary registration pathway for trading platforms, and a fundraising exemption of up to $75 million for certain token offerings with enhanced disclosure. The bill also establishes a joint advisory committee to improve coordination between the CFTC and SEC and explicitly exempts non-custodial DeFi actors from broker-dealer regulations. This legislative effort aligns with the Trump administration's pro-crypto stance, including the appointment of industry-friendly leaders at key agencies like the SEC and CFTC, and recent moves to allow regulated spot crypto trading on CFTC-approved exchanges. If enacted, the law would provide regulatory clarity, encourage institutional adoption, and position the U.S. as a leader in the digital asset space.

Odaily星球日报12/10 11:03