Durable crypto regulation: bipartisan plan to clarify custody and SEC, CFTC roles

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Democrats in the U.S. Senate have unveiled a policy framework aimed at establishing durable crypto regulation that survives electoral shifts. The proposal calls for formal seats at federal agencies like the SEC and CFTC, clearer rules for trading digital assets, and stronger illicit-finance guardrails. Lawmakers say crypto regulation will reduce uncertainty for exchanges, issuers, and investors while funding enforcement teams. The move is framed as a bipartisan effort to make oversight predictable and to protect consumers. Investors want clarity on how crypto regulation will treat staking, custody, and token classifications.

Who’s at the table: SEC

A bipartisan group of Senate Democrats wants official roles inside the SEC and CFTC to influence rulemaking. Regulators already oversee parts of the market, but lawmakers seek clearer mandates for securities and commodity tests. Giving Democrats seats is pitched as a way to stabilize crypto regulation across administrations. Issuers, platforms, and retail investors are watching for how custody and listing rules will change. The move signals a new phase in crypto regulation and federal oversight.

CFTC and Congress role

The CFTC is central to debates over derivatives and some token definitions. Congress could grant both the CFTC and SEC new authority and funding to enforce market rules. Coordinated CFTC-SEC action might harmonize spot and derivatives markets and ease compliance. Supporters argue this will strengthen crypto regulation and reduce jurisdictional fights that stall enforcement. Opponents warn of overreach that could limit innovation in DeFi.

Policy framework explained

The published policy framework outlines tests for when tokens are securities versus commodities. It proposes definitions for digital assets to reduce ambiguity for exchanges and custodians. By mapping responsibilities and budgets, the policy framework intends to be the backbone of future crypto regulation. It also emphasizes reporting standards, anti-money-laundering measures, and issuer disclosures. If adopted, the framework will guide lawmakers as they draft bipartisan legislation.

Bipartisan legislation path

Lawmakers hope bipartisan legislation will lock in rules that cannot be easily overturned. The path includes committee hearings, stakeholder comments, and compromise on agency authority between SEC and CFTC. Sponsors stress that durable crypto regulation protects investors and helps markets mature. Critics say compromise could leave legal gaps the industry will challenge. The coming months will test whether negotiators can convert the framework into enforceable law.

Consumer protection focus

Consumer protection sits at the center of the proposal, promising clearer disclosures and custody safeguards for retail users. For digital assets with high retail exposure, stronger rules aim to curb fraud and rug pulls. The plan funds examiner teams at the SEC and CFTC to monitor risks and enforce penalties. Advocates argue consumer protection measures are compatible with growth and necessary for broad adoption. Ultimately, well-designed crypto regulation should boost confidence and reduce market volatility.

What comes next

Negotiations continue in Washington as stakeholders lobby for practical timelines and clear language. Meme coins, stablecoin proposals, and NFT drops will test how new rules apply across use cases. Markets are already pricing the possibility of stricter crypto regulation into asset values. If lawmakers finalize bipartisan legislation, exchanges and issuers will need to update compliance. For now, the policy framework is the starting point for conversation and lawmaking.

Frequently asked questions about crypto regulation (FAQ)

What is the policy framework?

It’s a proposed roadmap outlining definitions, agency roles, and guardrails for digital assets to inform future legislation.

Who would get new regulatory seats?

The plan asks for formalized roles or greater coordination for the SEC and CFTC to reduce overlap and conflict.

Will consumer protection change?

Yes—proposals include stronger disclosures, custody rules, and enforcement funding to protect retail investors.

How soon could rules arrive?

Timing depends on congressional negotiations; meaningful legislation could take months to a year.

How will digital assets be defined?

The framework aims to categorize tokens by function and risk, clarifying when they are securities or commodities.

Sources to this article

defidonkey.com (2024) Digital assets market-structure bill stalled as Senate Democrats demand SEC, CFTC clarity. Available at: https://defidonkey.com/en/crypto-regulation/digital-assets-market-structure-bill-sec-cftc-clarity (Accessed: September 2025).

defidonkey.com (2024) SEC delays Grayscale Hedera Trust listing until Nov. 12. Available at: https://defidonkey.com/en/crypto-regulation/sec-delay-on-grayscale-hedera-trust-listing/ (Accessed: September 2025).

defidonkey.com (2025) Bitcoin etf inflows drive institutional rotation ahead of Fed decision. Available at: https://defidonkey.com/en/bitcoin-news/bitcoin-etf-inflows-institutional-rotation-fed-decision/ (Accessed: September 2025).

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