CFTC Chair: Illinois Court Affirms Bitcoin And Ether As Commodities, 80% Of Cryptos Are Not Securities

As a researcher with a background in finance and experience following the cryptocurrency market closely, I find this development to be a significant step forward for the recognition and regulation of Bitcoin and Ethereum as commodities. The Illinois court’s validation of their digital commodity status aligns with the CFTC’s position, which is at odds with previous SEC statements. This classification will bring more clarity to the market and potentially reduce regulatory uncertainty for industry participants.


During the Digital Commodities Senate Agriculture Committee hearing on Wednesday, Bitcoin (BTC) and Ethereum (ETH) received a regulatory win as they were formally recognized as commodities.

Court Backs Bitcoin And Ether’s Commodity Status

Based on Fox journalist Eleanor Terret’s real-time reporting from the hearing, Rostin Behnam, head of the US Commodities Futures Trading Commission (CFTC), announced that a court in Illinois had officially recognized Bitcoin and Ethereum as digital commodities under the Commodity Exchange Act.

The choice made is consistent with the stance of the Commodity Futures Trading Commission (CFTC), contrasting with prior comments from SEC Chair Gary Gensler.

Previously, Gensler indicated that Bitcoin is the only digital token that qualifies as a security under securities laws, implying that the vast majority of other tokens would be subjected to regulation based on the Howey test. Consequently, regulatory crackdowns have intensified in recent times with major industry players like Binance, Coinbase, Ripple, and Uniswap Labs facing lawsuits.

CFTC Chair Recognizes Regulatory Challenges

At the hearing, Eleanor Terret of Fox News revealed that Senator Sherrod Brown probed the Commodity Futures Trading Commission (CFTC) about the insights they have gained from previous instances of crypto scams.

Behnam acknowledged that Bitcoin and other digital assets’ unique technology call for distinct cybersecurity and resilience strategies unlike those required for conventional asset classes.

Instead of “On the other hand,” you could say “However,” or “In contrast.” Regarding Senator Cory Booker’s statements, he voiced worries over the pervasive abuse in the market and the role of the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) in addressing these issues. He found it striking that almost half of the CFTC’s enforcement cases pertained to crypto, which he deemed an “extraordinary” figure.

Behnam acknowledged Booker’s argument, drawing attention to the complexities of managing oversight for markets valued in the trillions, while simultaneously regulating a market that falls outside its purview and receives no dedicated financing.

Senator Booker emphasized the need for immediate regulatory action in the crypto market, warning of possible heightened exploitation and significant financial risks that may ensue if left unchecked.

Streamlined Oversight Of Digital Assets

In recent months, Senator Roger Marshall tackled the issue of jurisdictional clashes between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), clarifying the categorization of digital assets.

Marshall proposed transferring complete oversight to the Commodity Futures Trading Commission (CFTC), an idea Behman endorsed based on their expertise and capabilities. If implemented, this move would significantly benefit the regulatory landscape for cryptocurrencies, aligning with Behman’s known pro-crypto stance.

Previously at the Milken Institute’s 27th Global Conference in May, Behnam underscored the importance of establishing regulatory guidelines and promoting transparency within the burgeoning crypto sector.

The Chair of the Commodity Futures Trading Commission (CFTC) anticipates a rise in regulatory actions during the next two years, driven by growing involvement of retail investors in the market and the escalating value of digital assets lacking definitive regulations.

As a financial analyst, I’d rephrase it as follows: During the recent hearing, the topic of crypto taxation came up. Senator Tommy Tuberville voiced his concerns about the equity of the Internal Revenue Service (IRS) imposing taxes on Bitcoin miners irrespective of their profitability.

As a crypto investor, I’ve come to realize that I don’t have a deep understanding of the issue at hand. However, Tuberville strongly emphasized the importance of addressing this matter promptly to protect individuals from potential harassment as they venture into the crypto market.

Concerningly, Behnam pointed out that although the SEC and CFTC collaborate on enforcement matters, they fall short when it comes to regulatory alignment.

CFTC Chair: Illinois Court Affirms Bitcoin And Ether As Commodities, 80% Of Cryptos Are Not Securities

Currently, Bitcoin is priced at $57,870 during this writing, representing a 4% decrease over the last seven days. Following a significant drop, its value has decreased by more than 20% since reaching a peak above $70,000 in June.

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2024-07-11 05:42