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CFTC market structure bill: clarifying crypto oversight in the US

4 min read
Alexey Volkov
CFTC market structure bill: clarifying crypto oversight in the US

Key Takeaways

  • 1 CFTC Chairman Mike Selig says a comprehensive market structure bill is a turning point for U.S. crypto policy.
  • 2 The bill aims to clarify which digital assets are commodities and which are securities, assigning oversight between CFTC and SEC.
  • 3 A 2024 Blockchain Association report estimates consistent federal policy could add over $1 trillion to U.S. GDP.
  • 4 Experts like Dr. Linda Jeng warn the absence of a federal market-structure law leaves a liability gap and forces reliance on outdated statutes.
  • 5 Previous proposals, including the Lummis-Gillibrand Act, proposed dual CFTC-SEC oversight and inform current efforts.

CFTC Chairman Mike Selig urges a comprehensive crypto market structure bill to define commodities vs securities, close liability gaps, and spur domestic blockchain growth.

CFTC Chairman Mike Selig told Washington audiences that finalizing a comprehensive cryptocurrency market structure bill would mark a decisive change for the U.S. digital asset industry. He frames the measure as a way to replace uncertainty with clear national standards that could encourage blockchain companies to operate domestically rather than abroad. The bill’s core function is to define which digital assets are treated as commodities versus securities, a distinction that shapes oversight, compliance, and legal risk. Supporters argue that clearer rules are essential for bringing companies back and for building a predictable, nationally consistent framework.

The CFTC's Vision for Crypto Market Structure

Chairman Selig emphasizes legislative certainty as the foundation for rebuilding the U.S. crypto ecosystem. He argues that national standards would make the country a more attractive place for blockchain firms to locate operations and headquarters, reversing a pattern where innovation has moved offshore because of regulatory ambiguity. The CFTC points to its long history overseeing markets related to derivatives and commodities as relevant experience for modern digital assets. A central element of the proposal is a formal division of responsibilities so market participants know which rules and agency apply to a given asset.

Global Regulatory Competition and Economic Impact

Selig’s push comes amid clear movement abroad: other jurisdictions have developed frameworks that attract firms seeking predictable rules, and U.S. policymakers cite that competition as a driver for action at home. The European Union’s MiCA framework is frequently referenced as a contrasting example of a unified regulatory approach, while proponents argue the U.S. needs comparable clarity to remain competitive. A 2024 report by the Blockchain Association estimated that consistent federal policy could add over $1 trillion to U.S. GDP, highlighting the economic stakes of regulatory choice. At present, a mix of state regulations and sporadic federal enforcement creates compliance complexity that can push startups to relocate before scaling.

Expert Analysis on Market Structure Legislation

Legal experts underline the limits of current statutes for governing programmable, digital assets. Dr. Linda Jeng notes, "The lack of a federal market structure law creates a significant liability gap," and she warns that regulators are often forced to rely on older laws that were not written for these technologies. That diagnosis supports the argument for a modernized rulebook rather than ad hoc enforcement. Earlier legislative efforts, such as the Lummis-Gillibrand Responsible Financial Innovation Act, proposed a dual CFTC-SEC oversight model and helped shape the conversation around agency roles and definitions.

Broader Financial Ecosystem Implications

If Congress enacts a clear market structure law, its effects would likely extend beyond crypto-native firms to traditional financial institutions. Banks and asset managers have cited regulatory uncertainty as a primary barrier to deeper crypto engagement, and clearer rules could reduce that obstacle. The CFTC points to its surveillance experience in electronic derivatives markets as relevant to monitoring spot markets for digital commodities, which proponents say would improve market integrity and reduce manipulation. In turn, a clearer domestic framework could support national priorities around financial stability and technological leadership.

Why it matters (for a miner in Russia)

If you run from 1 to 1,000 mining devices in Russia, U.S. regulatory changes might seem distant but can still matter to your operations. Clear U.S. rules influence where exchanges, custodians, and infrastructure firms choose to base services, which affects liquidity and access to trading venues worldwide. When major markets adopt consistent standards, it can change which platforms list tokens and where institutional counterparties trade, and that can affect fees and service availability connected to your rigs.

At the same time, the bill’s focus—defining commodities versus securities—mainly shapes U.S. oversight and compliance, not how you physically run miners in Russia. The immediate technical operation of devices stays the same, but the surrounding ecosystem (exchanges, custodians, marketplaces) may become more centralized in jurisdictions with clearer rules, which is worth monitoring.

What to do?

  • Follow legislative developments briefly and reliably: track major U.S. proposals and summaries rather than every rumor, so you know if primary trading venues or service providers move.
  • Prefer counterparties with clear regulatory footing: when choosing exchanges, custodians, or OTC desks, prioritize firms that disclose their oversight and compliance approach.
  • Keep orderly records and documentation: retain transaction logs, invoices, and custody statements to ease compliance with whichever service providers or jurisdictions you use.
  • Assess counterparty risk periodically: if a favored platform relocates operations due to regulation, have backup options for liquidity and withdrawal paths.

For context on how U.S. policy discussions are evolving, readers may consult reporting on recent regulatory developments, including coverage of broader U.S. rule changes and legislative progress. For example, reporting on regulation changes provides additional background on enforcement and policy direction, while updates on the CLARITY Act progress examine related legislative efforts and their potential impacts.

Frequently Asked Questions

What is the main goal of the crypto market structure bill?

The bill's primary goal is to create clear, national regulatory standards for digital assets so agencies and market participants know which rules apply to which types of tokens.

How would the bill change the roles of the CFTC and SEC?

It would delineate agency jurisdictions by treating some digital assets as commodities under CFTC oversight and others as securities under SEC jurisdiction, clarifying enforcement and compliance pathways.

Why does Dr. Linda Jeng say a law is needed?

Dr. Linda Jeng argues that without a federal market structure law there is a 'significant liability gap' that forces regulators to rely on older statutes not designed for programmable digital assets.

What economic impact do proponents cite for federal clarity?

A 2024 Blockchain Association report estimated that consistent federal policy could add over $1 trillion to U.S. GDP, a figure supporters use to argue for nationwide rules.

Does this legislation affect miners directly?

The bill mainly affects market oversight, custody, and trading infrastructure; miners' technical operations are unchanged, but the availability of services and liquidity supporting mining businesses could shift.

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