CFTC — Commodity Tokens, DeFi Enforcement, and the $10 Trillion Derivatives Market
The CFTC regulates commodity tokens including Bitcoin and Ethereum, has conducted landmark DeFi enforcement actions including the Ooki DAO case, and would receive expanded jurisdiction over digital commodities under FIT21.
FIT21 — Digital Asset Market Structure Act
The Financial Innovation and Technology for the 21st Century Act passed the House of Representatives in May 2024 with bipartisan support, establishing a framework that divides digital asset regulation between the SEC (centralized tokens) and CFTC (decentralized tokens).
CFTC vs SEC: The Jurisdictional Battle Over Crypto and Tokenized Assets
The CFTC claims Bitcoin and Ether are commodities. The SEC claims most tokens are securities. FIT21 attempts to clarify jurisdiction with a 'decentralization test.' This analysis maps the legal landscape and what it means for tokenization practitioners.