#HoweyTest

SEC bets on Project Crypto to reverse crypto exodus from the U.S.

The U.S. Securities and Exchange Commission is advancing 'Project Crypto,' a strategic initiative led by Chairman Paul Atkins to overhaul digital asset regulation and reverse the exodus of crypto firms to overseas jurisdictions. By replacing the previous 'regulation by enforcement' model with a structured framework, the SEC aims to provide the legal clarity necessary for domestic innovation. The initiative introduces a new token taxonomy based on the Howey test, which categorizes digital assets into five distinct classes to determine compliance obligations. Notably, the plan proposes regulatory carve-outs for specific activities, including airdrops, network incentives, and staking rewards, to foster a more hospitable environment for startups. New businesses may operate under this framework by adhering to regular reporting, utilizing verified user pools, and integrating safety protocols like ERC-3643 directly into token architectures. Furthermore, the SEC is coordinating with the CFTC to establish a unified federal strategy that aligns with anticipated Congressional stablecoin legislation. While currently a statement of regulatory intent rather than binding policy, the initiative represents a significant shift toward creating a predictable, competitive landscape for U.S. digital finance.

cryptopolitan.com·Jul 4