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SEC crypto rule changes are high on its 2026 agenda
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- DeepHorus
The U.S. Securities and Exchange Commission (SEC) has announced proposed rule changes for crypto assets as part of its 2026 agenda, aiming to clarify the regulatory framework and provide greater market certainty. SEC Chair Paul Atkins stated on Tuesday that the agenda aligns with the Trump administration's policy goals on crypto, which include addressing tokenized securities and capital raising with digital assets. The move comes as the agency seeks to balance innovation with investor protection, following years of enforcement actions against crypto firms.
The SEC's 2026 agenda includes three proposed rule changes targeting crypto broker-dealers, digital assets on alternative trading systems and national securities exchanges, and potential exemptions and safe harbors for digital assets. According to the SEC, these rules aim to 'provide greater certainty to the market, facilitate capital formation, and accommodate innovation within the crypto asset markets while ensuring that investors are adequately protected.' The proposals are open for public comment and may be finalized after review.
These proposed changes coincide with ongoing congressional debates over a crypto market structure bill that would shift much of the oversight from the SEC to the Commodity Futures Trading Commission. In March, Atkins indicated that the SEC would pursue an agency 'bridge' to clarify crypto regulation but would defer to legislation if passed by Congress. The interplay between SEC rulemaking and potential legislation remains a key factor in shaping the future regulatory landscape.
The implications of the proposed rules are significant for the crypto industry, potentially offering a clearer path for compliance and innovation. However, critics argue that the SEC's approach under Trump and Atkins amounts to a 'pay-to-play scheme,' as Democratic lawmakers highlighted in a January letter. They claimed that Trump and associates financially benefited from companies like Binance, Coinbase, Ripple Labs, and Kraken, which saw enforcement actions dropped after favorable regulatory signals.
Democratic lawmakers have expressed strong concerns about the SEC's direction. In a January letter to Atkins, three House members stated that the SEC's decision to drop enforcement against crypto firms 'has left a vacuum whereby securities violations by crypto firms are not enforced and US investors are not protected.' They criticized Atkins for asserting that 'most crypto tokens are not securities,' contrary to federal court rulings that some tokens are securities.
Meanwhile, President Trump has acknowledged promoting crypto partly for political reasons. On Monday, he told reporters that he 'got involved in [crypto] a little bit for politics,' after previously calling Bitcoin a 'scam' following his first term. His shift in stance came during the 2024 election campaign, as he engaged with industry leaders and publicly endorsed digital assets.
Looking ahead, the SEC's proposed rules face a complex path to implementation, with potential revisions based on public input and congressional action. The outcome will likely influence the competitive landscape of U.S. crypto markets, as firms weigh compliance costs against regulatory clarity. The debate over whether the SEC or CFTC should lead crypto oversight continues to be a central issue, with lawmakers and regulators seeking a balanced approach that fosters innovation while protecting investors.