US Crypto Framework Ties SEC and CFTC Jurisdiction to Token Classification
HM
Hugo Manning
SEC enforcement action · Apr 15, 2026
Source: DojiDoji Data Terminal
Digital assets that meet the securities definition under the Howey test will remain subject to traditional SEC regulation. Hybrid security-commodity digital assets will instead fall under the jurisdiction of the Commodities Futures Trading Commission. This regulatory split is the core of a comprehensive crypto framework based on the Clarity Act, which was unveiled by US senators in mid-January 2026.
The framework follows the House of Representatives' adoption of the Clarity Act last summer. The SEC and CFTC issued a joint interpretive release on March 17, 2026, that aligns with the Clarity Act's positioning of crypto assets.
This release fills regulatory gaps and anticipates the legislation becoming law. It specifically addresses assets with components that are not securities and establishes that these assets can evolve over time to become solely digital commodities not subject to SEC regulation.