Galaxy Research Director: The SEC's new regulations officially declare the end of Gensler's era of hostile regulatory stance towards the cryptocurrency industry
Alex Thorn, the research director at Galaxy Research, posted on the X social platform pointing out that the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) released a milestone digital asset classification guideline this Tuesday, officially categorizing digital assets into five types: digital commodities, digital collectibles, digital tools, stablecoins, and digital securities (tokenized securities), clearly stating that only the last category constitutes securities, which must be registered or exempted under federal securities law.This guideline, published as a committee-level interpretive rule in the Federal Register, explicitly replaces the "investment contract" analysis framework used since the Gensler era in 2019 and provides two clear paths for tokens to detach from securities characteristics: first, if the issuer fulfills its promised core management tasks, the investment contract is terminated, and the token can be freely traded as a non-security in the secondary market; second, if the issuer abandons the project or remains silent for a long time, the investment contract also terminates. Additionally, the guideline clarifies that airdrops, mining, and staking generally do not constitute securities transactions, and the packaging or unpackaging of assets does not change their securities characteristics.Alex Thorn believes that this guideline officially marks the end of the Gensler era's hostile regulatory stance towards the crypto industry, providing important clarity support for further institutional entry. However, he also cautions that interpretive rules are not legally binding and can be overturned by a new administration at any time, which is also the core reason for the industry's ongoing push for the CLARITY Act legislation.