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CFTC Joins SEC in Drafting Crypto Rules as Spot-Market Gap Persists
The CFTC has joined the SEC in drafting proposed crypto regulations, though neither framework resolves oversight of the spot market for non-security tokens.

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The U.S. CFTC has joined the SEC in proposing crypto regulations.
Both agencies are pursuing parallel rulemaking tracks for digital assets.
A regulatory gap persists for the spot market in non-security crypto assets.
Spot-market authority for the CFTC still requires congressional legislation.
The U.S. Commodity Futures Trading Commission has joined the Securities and Exchange Commission in preparing proposed regulations for crypto assets, marking a rare moment of parallel rulemaking activity at the two agencies that have long contested jurisdiction over the digital-asset market.
The move signals that federal regulators are shifting from enforcement-led approaches toward formal rulemaking, according to CoinDesk. The development comes as both agencies grapple with how to define their respective roles in overseeing a market that spans futures, derivatives and spot trading venues.
What does the dual-track rulemaking mean?
The CFTC holds clear authority over crypto futures and derivatives. The SEC has claimed jurisdiction over many tokens as securities. Between them sits the spot market for non-security crypto assets — primarily bitcoin — where neither agency has explicit statutory authority to police fraud and manipulation directly.
That gap remains unresolved despite the new proposals. Congress has for years debated legislation that would grant the CFTC explicit spot-market authority, most prominently through repeatedly introduced market-structure bills, but none has become law.
For trading venues and intermediaries, the practical consequence is continued regulatory ambiguity. Exchanges listing spot crypto assets still face uncertain registration requirements, and compliance teams must map operations against two agencies working on potentially overlapping frameworks.
Why does the spot-market gap matter?
Spot markets are where most retail crypto trading occurs. Without a designated regulator, venues rely on state money-transmitter licenses and voluntary federal registrations, a patchwork that leaves manipulation and fraud cases dependent on DOJ criminal actions or CFTC anti-fraud powers that apply only in limited contexts.
Any proposed rules from the two agencies could narrow that ambiguity, but proposals must still pass through public comment periods and potential legal challenge before taking effect. The timing of final rules remains dependent on internal agency review and, for the spot-market question, on congressional action.
The next concrete milestones to watch are the formal publication of the proposals in the Federal Register, which opens the statutory comment window, and any movement in Congress on market-structure legislation that would resolve the jurisdictional split the two regulators have now tacitly acknowledged.
via Google News - Crypto Regulation (Source)
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Staff writer covering marketplaces and e-commerce at Mempool Brief.
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