CFTC files crypto asset rulemaking with White House, pressing ahead without Congress

Live updates

1. 16d ago

   CFTC Presses Ahead With Crypto Asset Rules

   The Commodity Futures Trading Commission is advancing independent crypto asset regulations by filing rulemaking with the White House. This executive-level action bypasses the legislative branch as lawmakers struggle to pass comprehensive digital asset laws. The regulatory push follows previous attempts by the agency to establish oversight for retail commodity transactions involving digital currencies and exchanges. Meanwhile, voters prepare for upcoming midterm elections that will determine party control of Congress and future legislative direction.

   Why it matters

   Regulatory jurisdiction over digital assets remains fragmented as federal agencies step into the vacuum left by stalled congressional action. The failure of federal lawmakers to advance market clarity legislation forces financial regulators to utilize existing statutory authorities under the Commodity Exchange Act. This shift highlights a broader trend of administrative rulemaking taking precedence over statutory reform in the digital asset sector.

   What is confirmed

   • The Commodity Futures Trading Commission operates a United States Government information system subject to federal monitoring.

   Still unconfirmed

   • NBC News polling tracks party preference trends and voter breakdowns for the 2026 midterm elections and control of the House.
   • Battleground polls indicate which states could flip in the race for a congressional majority ahead of November.

   What to watch next

   • White House response or release of the CFTC crypto asset rulemaking details
   • Results of the 2026 midterm elections and their impact on congressional crypto legislation
   Sources used for this update (3)

   1. www.nbcnews.com — Which party should control Congress?: Latest polls
   2. www.nbcnews.com — The race for Congress: 2026 midterms
   3. portal.cftc.gov — Home [portal.cftc.gov]
   confidence 80%
2. 18d ago

   CFTC seeks public input on crypto asset retail transaction framework

   The Commodity Futures Trading Commission released an Advanced Notice of Proposed Rulemaking on October 5, 2026, to establish a comprehensive regulatory framework for retail commodity transactions involving crypto assets and the exchanges that offer them. The agency is seeking public comment on these rules under Section 2(c)(2)(D) of the Commodity Exchange Act. This move follows a September 15, 2026, Senate failure to invoke cloture on the Digital Asset Market Clarity Act of 2025, signaling a shift toward agency-led regulation while legislative action remains uncertain.

   Why it matters

   The CFTC and SEC are simultaneously advancing separate digital asset frameworks to fill regulatory gaps. The SEC is pursuing its own path through Regulation Crypto Assets and temporary relief for tokenized securities venues. This dual-agency approach aims to provide market structure for digital assets in the absence of comprehensive congressional legislation.

   What is confirmed

   • The CFTC issued an Advanced Notice of Proposed Rulemaking on October 5, 2026.
   • The proposed framework targets retail commodity transactions involving crypto assets and the exchanges that offer them.
   • The Senate failed to invoke cloture on the Digital Asset Market Clarity Act of 2025 on September 15, 2026.
   • The SEC is advancing its own digital-asset framework via Regulation Crypto Assets and temporary exemptive relief for tokenized securities venues.

   What to watch next

   • Public comments submitted in response to the Advanced Notice of Proposed Rulemaking
   • Formal rule issuance by the CFTC regarding crypto asset markets
   • Coordination or conflict between the CFTC framework and SEC Regulation Crypto Assets
   Sources used for this update (15)

   1. support.google.com — Your AdSense for YouTube account was deactivated
   2. support.google.com — YouTube TV Help
   3. www.bakerbotts.com — CFTC Launches Crypto Market Structure Rulemaking as SEC ...
   4. www.wilmerhale.com — CFTC Seeks Input on Crypto Asset Regulatory Framework
   5. www.cftc.gov — Commodity Futures Trading Commission | CFTC
   6. www.cftc.gov — | CFTC
   7. en.wikipedia.org — United States Commodity Futures Trading Commission - Wikipedia
   8. www.cftc.gov — About the CFTC - Commodity Futures Trading Commission
   9. www.cftc.gov — CFTC Organization | CFTC
   10. www.cftc.gov — Be Smart: Check Registration & Backgrounds Before You Trade
   11. www.usa.gov — U.S. Commodity Futures Trading Commission (CFTC) | USAGov
   12. support.google.com — Recover a hacked YouTube channel - Google Help
   confidence 100%
3. 28d ago

   CFTC advances crypto regulations without Congress

   The Commodity Futures Trading Commission is moving forward with crypto asset regulations after the Senate's 49-50 rejection of the CLARITY Act. The CFTC published an Advanced Notice of Proposed Rulemaking on October 5, 2026, seeking public input on rules for leveraged retail digital asset trades. Chairman Mike Selig expressed disappointment with Congress's inaction, but emphasized the agency's authority to fill regulatory gaps.

   Why it matters

   The CFTC's action aims to create a regulatory framework for crypto asset transactions and markets. The agency is utilizing existing administrative authority to address gaps in spot markets. This development follows the failure of the CLARITY Act in the Senate, which had aimed to provide clearer guidelines for crypto regulation.

   What is confirmed

   • The CFTC published an Advanced Notice of Proposed Rulemaking on October 5, 2026.
   • The Senate rejected the CLARITY Act with a 49-50 vote.
   • CFTC Chairman is Mike Selig.

   Still unconfirmed

   • The CFTC's authority has hard limits that could leave millions of traders exposed.

   What to watch next

   • The outcome of the 60-day public comment period on the proposed crypto asset rulemaking
   • Potential Congressional action on crypto regulation in the future
   • The CFTC's finalization of rules for leveraged retail digital asset trades
   Sources used for this update (5)

   1. 247wallst.com — CFTC Chairman Expresses Disappointment with Congress While Advancing Crypto Regulations: What Still Requires Legislative Action?
   2. finance.yahoo.com — CFTC Chairman Expresses Disappointment with Congress While ...
   3. www.cftc.gov — WSJ Op-Ed | CFTC’s New Rules for Crypto
   4. www.coinskid.com — CFTC proposes first federal crypto market rules | CoinsKid
   5. www.brokertable.net — CFTC Opens Public Comment on First Crypto Rules Under CTX and ...
   confidence 90%
4. 30d ago

   CFTC launches public comment on crypto market rules after Senate deadlock

   The Commodity Futures Trading Commission published an Advanced Notice of Proposed Rulemaking on October 5, 2026, to create a regulatory framework for crypto asset transactions and markets. The agency is seeking public input over a 60-day window to shape rules for leveraged retail digital asset trades under section 2(c)(2)(D) of the Commodity Exchange Act. This action follows the Senate's 49-50 rejection of the CLARITY Act, prompting the CFTC, SEC, and Federal Reserve to utilize existing administrative authority to fill regulatory gaps in spot markets.

   Why it matters

   The failed CLARITY Act would have codified the CFTC's authority and structured its oversight of digital commodity markets. Without this legislation, crypto spot markets remain unlicensed. The current agency-led push aims to establish a national market structure and global compliance benchmark for tokenized assets.

   What is confirmed

   • The CFTC published an Advanced Notice of Proposed Rulemaking on October 5, 2026, to establish rules for crypto asset transactions and markets.
   • The agency opened a 60-day public comment period to shape the proposed regulatory framework.
   • The CFTC is using authority under section 2(c)(2)(D) of the Commodity Exchange Act to regulate leveraged retail crypto trades.
   • The US Senate defeated the CLARITY Act by a 49-50 vote.
   • The SEC is advancing a proposal that includes registration exemptions for crypto startups up to $75 million.
   • The CFTC sent a proposal identified as RIN 3038-AF80 to the White House on September 17, 2026.

   Still unconfirmed

   • The Clarity Act was signed into law in 2026 at 7.3% YES.

   What to watch next

   • The conclusion of the 60-day public comment window for Regulation CTX and Regulation CAM.
   • White House review and approval of the CFTC's formal rulemaking proposal.
   • Implementation of SEC registration exemptions for crypto startups.
   Sources used for this update (18)

   1. cryptobriefing.com — CFTC submits crypto market rules to White House after Clarity Act stalls
   2. finance.yahoo.com — How Crypto Stopped Waiting for Congress and Learned to Love ...
   3. www.troutman.com — In the Wake of CLARITY Act's Failure, Agencies Move Forward ...
   4. coincentral.com — CFTC Updates Crypto Guidance After Senate Stalls on CLARITY Act
   5. blog.upay.com — CFTC SENDS CRYPTO RULEMAKING TO WHITE HOUSE - UPay Blog
   6. www.coinskid.com — CFTC moves ahead on crypto market rules - 24 Sep 2026 | CoinsKid
   7. fintechlaw.ai — CFTC Crypto Rulemaking: The Filing Is a Prerule, Not a Rule
   8. www.coinskid.com — SEC and CFTC advance crypto rulemaking | CoinsKid
   9. coinalertnews.com — SEC and CFTC Advance Crypto Rules After Senate Bill Fails
   10. www.troutman.com — Digital Assets + Blockchain Newsletter - October 1, 2026 - Troutman Pepper Locke
   11. en.cryptonomist.ch — U.S. Tokenized Asset Regulation Sets Global Standard
   12. www.citationneeded.news — Issue 110 – The Clarity Act collapses
   confidence 95%
5. 45d ago

   CFTC files crypto asset rulemaking with White House after CLARITY Act failure

   The Commodity Futures Trading Commission (CFTC) has submitted crypto asset rulemaking to the White House for review. This move follows the failure of the CLARITY Act in the US Senate, which was defeated by a 49-50 vote. The CFTC and the Securities and Exchange Commission (SEC) have advanced separate crypto market rules and tokenized stock frameworks within 48 hours of the legislative setback. Market reactions included a rally where Bitcoin rose 6% to exceed $80,000.

   Why it matters

   The CLARITY Act was the primary legislative effort to establish a regulatory framework for digital assets. Its failure forces regulatory agencies to create rules through executive rulemaking rather than congressional statute. This shift determines whether crypto assets are governed by the SEC, the CFTC, or both.

   What is confirmed

   • The CFTC submitted crypto asset rulemaking to the White House.
   • The CLARITY Act failed in the US Senate with a 49-50 vote.
   • The SEC and CFTC advanced new crypto rules and tokenized stock frameworks following the legislative failure.
   • Bitcoin rose 6% and passed $80,000 after the CFTC submitted its proposal.

   What to watch next

   • White House decision on the CFTC regulatory proposal
   • Implementation details of the SEC tokenized stock frameworks
   Sources used for this update (9)

   1. The Block — CFTC files crypto asset rulemaking with White House, pressing ahead without Congress
   2. Yahoo Finance — The CLARITY Act Died on Tuesday. By Friday the SEC and CFTC Had Written Three Rules. What Changed for XRP, Bitcoin, and Solana?
   3. eciks.org — Cryptocurrency trading: what investors should watch now
   4. TradingKey — Cryptos Rally Across the Board as Bitcoin Rises 6% Past $80,000 After CFTC Submits Regulatory Proposal
   5. CoinDesk — CFTC sends crypto rules to White House to review as Congress stalls on Clarity Act
   6. thestreet.com — New SEC, CFTC rules after CLARITY setback fuel Bitcoin rally
   7. Gibson Dunn — Derivatives, Legislative and Regulatory Weekly Update (September 18, 2026)
   8. cryptofalka.hu — Trump AI Force néven új amerikai AI-szervezetet hozna létre
   9. www.cryptotimes.io — CLARITY Act Fails 49-50 in US Senate as SEC & CFTC Move Ahead on Crypto Rules Within 48 Hours
   confidence 100%