SEC and CFTC May Pursue Crypto Rules After CLARITY Act Stalls

Former CFTC Chairman Chris Giancarlo says the SEC and CFTC are preparing to develop a cryptocurrency regulatory framework despite the CLARITY Act’s failure to advance in the Senate, according to reporting cited by Cointelegraph journalist Eleanor Terrett.

The claim suggests that US regulators could move ahead with crypto rulemaking even as Congress remains divided over the structure of digital asset oversight. Cointelegraph highlighted Giancarlo’s comments in a post on X, portraying agency action as a possible alternative to legislation that has stalled on Capitol Hill.

The reported effort could focus on several of the market’s most persistent sources of uncertainty. These include the classification of tokens as securities or commodities, the responsibilities of crypto exchanges, custody standards, market structure and the treatment of decentralized finance platforms.

A coordinated approach from the Securities and Exchange Commission and the Commodity Futures Trading Commission could give businesses clearer operating expectations without requiring lawmakers to complete a broader statutory framework. Exchanges, token issuers and financial institutions could benefit from guidance that explains which activities fall under each agency’s jurisdiction.

However, agency-led regulation would not automatically resolve the underlying dispute over authority. The SEC generally oversees securities markets, while the CFTC regulates commodities and derivatives. Digital assets often share characteristics with both categories, creating difficult questions about how spot trading, token issuance, staking and trading platforms should be supervised.

Giancarlo’s statement also does not confirm that either agency has formally announced a rulemaking schedule. It remains unclear whether the reported initiative reflects an approved institutional plan, preliminary discussions or an expectation based on conversations among current and former officials. The agencies would also need to determine whether existing laws provide sufficient authority for new rules or whether further action by Congress would be necessary.

A test of regulatory coordination

The timing increases the significance of any move by the agencies. The Senate setback for the CLARITY Act extends a period of uncertainty for companies seeking to launch products in the United States and for investors trying to understand the legal status of different tokens.

Regulatory action could arrive sooner than legislation, but speed would come with risks. If the SEC and CFTC issue overlapping guidance or adopt competing interpretations, compliance costs could increase and smaller firms could struggle to operate. Conversely, a jointly developed framework could strengthen the position of established exchanges and financial institutions by making digital asset markets easier to assess and enter.

For now, attention will shift toward statements from current commissioners and any formal notices from the agencies. Giancarlo’s comments indicate that the regulatory debate may continue advancing outside Congress, but the scope and authority of that effort remain unsettled.