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Trump’s New Regulatory Agenda for Crypto: CFTC to Oversee $3 Trillion Market
In a move that could reshape how the U.S. regulates cryptocurrencies, the Trump administration is pushing to expand the Commodity Futures Trading Commission’s (CFTC) authority over digital assets. This comes after Trump’s victory in the 2024 election, with his new cabinet appointments signaling a more crypto-friendly approach.
Reports suggest that, starting January 2025, Trump’s government intends to hand over a significant chunk of the $3 trillion cryptocurrency market to the CFTC, potentially sidelining the Securities and Exchange Commission (SEC) in regulating large parts of the crypto industry.
What’s Driving Trump’s Plan?
CFTC is already the designated regulator for the $20 trillion U.S. derivatives market, overseeing futures, options, and commodities like oil, wheat, and gold. Unlike the SEC, which focuses on protecting retail investors, the CFTC typically takes a more relaxed approach, primarily dealing with institutional investors. This has made the CFTC more open to new technologies and emerging markets, including crypto.
In contrast, the SEC has taken a more stringent stance on cryptocurrencies, often classifying most digital assets as securities, which places them under the SEC’s strict rules. Under current SEC chair Gary Gensler, the agency has ramped up enforcement actions, even bringing multiple high-profile lawsuits against major crypto exchanges and projects like Kraken, Ripple, and Crypto.com.
However, the CFTC has been more willing to embrace innovation. For example, in 2017, the CFTC approved Bitcoin futures, and its chairman, Rostin Behnam, has stated that assets like Bitcoin and Ethereum should be considered digital commodities, rather than securities. This distinction is important because it would give the CFTC, not the SEC, regulatory authority over these assets.
The SEC vs. CFTC Showdown
The growing conflict between the two agencies centers on the classification of cryptocurrencies. While the SEC argues that most crypto assets qualify as securities under U.S. law and should fall under its jurisdiction, the CFTC has asserted that the majority of the market is more aligned with commodities, particularly Bitcoin and Ethereum, which a court recently confirmed as such.
Trump’s proposed shift in regulatory power would mean that the CFTC could take over the regulation of the majority of the crypto market, especially for assets like Bitcoin and Ethereum, while the SEC would focus on those digital tokens that are clearly deemed securities.
A Potential Solution for Crypto Uncertainty?
Currently, both the SEC and CFTC are attempting to regulate crypto largely through enforcement actions. This has led to significant uncertainty and frustration in the industry, with many arguing that clear, specific regulations are needed. Trump’s plan to consolidate regulatory authority under the CFTC could help create a more predictable and streamlined regulatory framework, reducing the confusion and overlap between the two agencies.
By giving the CFTC more control, Trump’s administration aims to foster a more stable environment for crypto investors and companies. The hope is that this will boost innovation and market development, as crypto firms will have a clearer understanding of what is expected of them under the law.
Looking Ahead
As we approach Trump’s inauguration in January 2025, it remains to be seen how these regulatory changes will play out. The crypto community is watching closely, as this could mark a major shift in how the U.S. government interacts with the booming digital asset market. The final decisions made by Trump’s administration will likely have long-lasting impacts on the future of crypto regulation and market dynamics.
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