Crypto regulation in the United States is heading into a very different phase in 2026. After years of friction, uncertainty, and courtroom battles, regulators are now signaling something closer to coordination. The U.S. Securities and Exchange Commission is pushing an expansive agenda that touches everything from token classification to real world asset tokenization, while the Commodity Futures Trading Commission is stepping into a more influential role as lawmakers look to formalize its authority over parts of the crypto market. What this really means is that crypto firms may finally be dealing with a clearer, if still evolving, regulatory structure.
From Turf Wars to Coordination
As reported, not long ago, the SEC and CFTC were openly at odds over who should regulate digital assets. During the Biden years, former CFTC Chair Rostin Behnam argued that most cryptocurrencies fell under commodities law, while former SEC Chair Gary Gensler maintained that almost all tokens, except bitcoin, were securities. That clash shaped enforcement heavy policy and left the industry stuck in regulatory limbo.
That tone has shifted. In 2025, the agencies publicly declared the turf war over and began issuing joint guidance. They clarified that registered exchanges are not automatically barred from facilitating certain spot crypto products and signaled shared priorities around 24/7 trading, perpetual contracts, and decentralized finance. For the first time in years, the SEC and CFTC are behaving less like rivals and more like co pilots.
Legal veterans have noticed. Howard Fischer, a former senior trial counsel at the SEC, described the change bluntly. The relationship, once dismissive, now looks cooperative. Heading into 2026, this collaboration is expected to shape nearly every major policy decision.
The SEC’s Expanding Crypto Agenda
The SEC is not slowing down. Under Chair Paul Atkins, the agency has made it clear that crypto regulation is a priority. Atkins has promised a sweeping overhaul, starting with a formal token taxonomy designed to define which digital assets qualify as securities. This is meant to end years of ambiguity that forced projects to guess their regulatory status.
Alongside that effort, the SEC has launched Project Crypto, an initiative aimed at modernizing securities rules for digital assets. The agency is also pushing an innovation exemption that could allow crypto products to reach the market faster without years of regulatory delay.
Over the past year, these ideas have already translated into action. The SEC approved listing standards for several crypto exchange traded funds, opening the door to ETFs tracking assets like DOGE, SOL, and XRP. It also issued guidance clarifying that liquid staking and proof of stake activities fall outside traditional securities laws. More recently, its Trading and Markets Division released instructions on how broker dealers can custody crypto asset securities.
Tokenization Moves to Center Stage
One of the most consequential items on the SEC’s agenda is tokenization. At its core, tokenization means putting real world assets like equities, funds, or Treasuries onto a blockchain. While the idea promises efficiency and round the clock trading, regulators remain cautious.
Fischer has compared the challenge to the SEC’s climate disclosure rules. Regulators understand markets, not necessarily the technical or operational risks that tokenization introduces. Deciding what is material, how custody works, and how investor protections apply will take time.
Industry leaders are also divided. Ophelia Snyder of 21shares has questioned whether crypto needs entirely new rules or whether it should fit within existing financial infrastructure. Still, she sees progress in the SEC’s growing use of exemptions and no action letters.
One example stands out. The SEC recently issued a no action letter allowing the Depository Trust Company to tokenize a limited set of assets, including Russell 1000 stocks, major equity ETFs, and U.S. Treasuries. The message was clear. Tokenization can be tested, but only in controlled, restricted environments. Regulators want experimentation without systemic risk.
The CFTC Steps Into a Bigger Role
While the SEC refines definitions and exemptions, the CFTC is gaining momentum. The agency launched a Crypto Sprint to clarify rules, withdrew outdated guidance on actual delivery of digital assets, and created pathways for exchanges to list regulator approved spot crypto products.
Leadership is changing too. Acting Chair Caroline Pham has guided much of this work, but the agency is now under new leadership. President Donald Trump appointed Michael Selig as CFTC Chair, confirming him during a period when lawmakers are increasingly looking to the CFTC to lead crypto oversight.
Industry voices believe this shift matters. Rebecca Liao, CEO of Saga, has argued that the CFTC may actually be the most powerful agency in crypto regulation. While the SEC has drawn attention through enforcement, the CFTC has the ability to open markets, especially around commodities like bitcoin.
Bitcoin’s commodity status puts it squarely in the CFTC’s domain. Liao’s view is simple. If the CFTC focuses on ensuring a healthy, well regulated bitcoin market, the rest of the ecosystem will follow. Historically, when bitcoin thrives, liquidity and confidence spill into the broader crypto market.
A Lean Leadership Bench in 2026
Both agencies are entering 2026 understaffed. The SEC currently has three commissioners, with two seats expected to open soon. The CFTC is even leaner, with Selig serving as its sole commissioner. By statute, each agency should have five commissioners, balanced across parties.
This lack of personnel is not ideal, but it is unlikely to halt progress. As Snyder notes, strategic direction usually comes from the executive branch, and appointments will follow. The agendas are already set. What may change is the speed and precision of execution once the benches are fully staffed.
What 2026 Really Signals
Crypto regulation in 2026 is no longer about ideological battles over jurisdiction. It is about structure, coordination, and controlled experimentation. The SEC is laying down definitions and guardrails, while the CFTC is positioning itself as a market enabler, particularly for bitcoin and spot products.
For the industry, this is not deregulation. It is something more mature. Clearer rules, shared oversight, and a recognition that crypto markets are not going away. The question is no longer whether regulation will happen, but how intelligently it will be implemented.
Source: https://cryptoticker.io/en/crypto-rules-are-changing-in-2026/
