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SEC and CFTC Guidance Identifies Bitcoin as a Digital Commodity, Not Itself a Security

The SEC issued a Commission-level interpretation, joined by CFTC guidance, that placed Bitcoin within a 'digital commodity' taxonomy and stated that bitcoin is not itself a security. The action provided a formal federal regulatory position while stopping short of legislation or a binding court rule.

On March 17, 2026, the U.S. Securities and Exchange Commission issued an interpretation explaining how federal securities laws apply to several classes of crypto assets. The Commodity Futures Trading Commission joined the release with guidance that it would administer the Commodity Exchange Act consistently with the interpretation.

The framework created categories including digital commodities, digital collectibles, digital tools, stablecoins and digital securities. Within that framework, the SEC identified bitcoin as a digital commodity and stated that bitcoin is not itself a security. The interpretation also explained that a non-security crypto asset can still be involved in an investment-contract transaction depending on how it is offered or sold.

The action did not rewrite federal statutes and was not equivalent to a Supreme Court holding or an act of Congress. Its historical importance came from the agencies taking a formal, Commission-level position after years in which U.S. crypto regulation had often developed through enforcement actions, speeches and case-by-case litigation. For Bitcoin, the statement supplied unusually explicit federal regulatory clarity regarding the asset's status under securities law.

Sources

  1. SEC Clarifies the Application of Federal Securities Laws to Crypto Assets
  2. Application of the Federal Securities Laws to Certain Types of Crypto Assets and Certain Transactions Involving Crypto Assets