SEC says most crypto assets are not securities in new regulatory framework

The U.S. Securities and Exchange Commission has issued a sweeping new interpretation clarifying how federal securities laws apply to crypto assets, stating that most crypto assets are not themselves securities.

Announced on 17 March 2026, the guidance marks one of the most significant regulatory developments in the U.S. crypto market in over a decade. 

The move was issued in coordination with the Commodity Futures Trading Commission, signaling a more unified approach to overseeing digital assets.

SEC Chairman Paul Atkins said the interpretation aims to “draw clear lines in clear terms,” while acknowledging that earlier regulatory approaches had failed to provide sufficient clarity for market participants.

SEC introduces crypto asset taxonomy

At the center of the new framework is a formal classification system for digital assets. The SEC outlined five broad categories:

• Digital commodities
• Digital collectibles
• Digital tools
• Stablecoins
• Digital securities

The taxonomy is designed to help market participants better understand how different types of crypto assets are treated under U.S. law, addressing a long-standing lack of consistent definitions across the industry.

Investment contracts can evolve—and end

A key element of the interpretation is the clarification that a crypto asset itself may not be a security, even if it is involved in an investment contract at some stage.

The SEC stated that a “non-security crypto asset” can become subject to securities laws through an investment contract, but that such arrangements can also cease over time.

This distinction introduces a more dynamic view of regulation, where an asset’s legal status may change depending on how it is offered, marketed, and used.

Clarity on staking, airdrops, and mining

The guidance also addresses several core crypto activities that have previously existed in regulatory grey areas.

These include:

• Airdrops
• Protocol mining
• Protocol staking
• The wrapping of non-security crypto assets

By outlining how securities laws apply to these activities, the SEC is attempting to reduce uncertainty for developers, platforms, and users operating across decentralized networks.

SEC and CFTC align on oversight

The joint nature of the interpretation highlights growing coordination between the SEC and the CFTC, which have historically taken different approaches to crypto regulation.

CFTC Chairman Michael S. Selig said the guidance reflects a shared commitment to creating “workable, harmonized regulations” for the industry.

The alignment is expected to clarify jurisdictional boundaries, particularly between assets treated as commodities and those subject to securities laws.

Market implications

The interpretation is likely to have wide-ranging implications for the crypto industry.

For builders and issuers, the framework provides clearer guidance on structuring projects and token distributions. For investors, it offers greater transparency around how assets may be classified and regulated.

The SEC said the interpretation also serves as a bridge as Congress continues its efforts to establish a comprehensive framework for the crypto market through legislation.

Final Summary

• The SEC has clarified that most crypto assets are not securities, introducing a formal taxonomy and addressing long-standing regulatory uncertainty.
• The joint guidance with the CFTC signals a more coordinated and flexible approach to crypto oversight in the United States.