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Clarity at last? Ether, Solana, and XRP are commodities, SEC says in landmark interpretation of securities law – DL News

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  • New SEC guidance sorts crypto assets into two categories: tokenised securities and non-security crypto assets.
  • The latter category includes Bitcoin, Ether, Solana, and XRP.
  • But any changes will require Congressional action to endure.

The US Securities and Exchange Commission issued a landmark interpretation of federal securities laws on Tuesday that laid out rules for issuers of virtually all crypto assets.

Broadly speaking, the new guidance sorts crypto assets into two categories: tokenised securities and so-called non-security crypto assets.

“It’s of profound importance, and it’s what we’ve been asking for from the agency for 10 years before appealing to Congress,” Miller Whitehouse-Levine, the founder and CEO of Solana Policy Institute, told DL News.

The crypto industry has long demanded clarity regarding the legal status of cryptocurrencies, arguing they are an entirely new type of financial asset that doesn’t neatly fall into the categories described by existing, century-old regulations.

“I am pleased to announce that the SEC’s persistent failure to provide clarity on this question is over,” SEC Chair Paul Atkins told a packed auditorium at the DC Blockchain Summit on Tuesday.

“As we speak, the Commission is implementing a token taxonomy and investment contract interpretation.”

The SEC’s guidance comes as Senators work to advance legislation that does just that, the aptly named Clarity Act. Passed by the House of Representatives last year, the bill stalled in the Senate amid disagreement over stablecoin interest payments and other issues.

Speaking moments after Atkins, Senate Banking Committee Chair Tim Scott told conference attendees he expects to see an updated draft of the bill by the end of the week.

The SEC’s interpretation creates four categories of non-security crypto assets: digital commodities, digital collectibles, digital tools, and payment stablecoins.

Crypto assets considered digital commodities under the SEC’s new interpretation include Bitcoin, Ether, Solana, XRP, and Doge.

Under certain circumstances, however, issuers of non-security crypto assets may be required to follow onerous federal securities laws.

“Even a crypto asset that is not a security may become subject to the Federal securities laws if it is offered and sold as part of an investment contract,” Atkins said.

“Our interpretation addresses how the investment contract ends, freeing the subject crypto asset from the SEC’s statutes.

Whether a crypto asset is subject to an investment contract will depend in large part on the promises of its issuer, according to a 68-page document explaining the SEC’s interpretation of the securities laws.

“The real meat of it is the investment contract analysis, and not the token taxonomy itself,” Whitehouse-Levine said.

Industry executives, attorneys, and lobbyists celebrated the news on social media.

“Hang it in the Louvre,” Alexander Grieve, vice president of government affairs at crypto-focused venture capital firm Paradigm, wrote on X.

To be sure, any interpretation of established law can be easily overturned by a new SEC chair.

“Only Congress can ensure that regulation in this area is future-proofed through comprehensive market structure legislation,” Atkins said.

“I strongly support the ongoing bipartisan efforts on Capitol Hill to establish a durable framework for these markets.”

Aleks Gilbert is DL News’ New York-based DeFi correspondent. Have a tip? Email him at aleks@dlnews.com.

OpenSea Delays Token Launch Again, Citing Market Conditions

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NFT marketplace shelves March 30 TGE target with no new date, ends rewards campaign, and offers fee refunds.

OpenSea has pushed back the launch of its long-awaited SEA token for the second time, with co-founder and CEO Devin Finzer announcing Monday that the previously planned March 30 token generation event will not go ahead as scheduled.

“A delay is a delay. I’m not going to dress it up, and I know how it lands,” Finzer wrote on X, adding that the OpenSea Foundation opted to hold off rather than force a debut in challenging market conditions. No new date has been set.

The SEA token was first announced in February 2025 as part of OpenSea’s broader strategy to transform the platform beyond NFTs into a multi-chain trading hub.

Alongside the delay, OpenSea is making several changes to its incentive program. The current Treasure rewards wave will be the last, though accumulated rewards will be “meaningfully considered.”

Users who participated in Seasons 3 through 6 will have the option to claim refunds for platform fees paid during those periods, though doing so will require forfeiting any Treasure accumulated from those waves.

Starting March 31, OpenSea will also cut token swap trading fees to 0% for 60 days, a move aimed at driving adoption of its expanded OS2 platform, which now includes cross-chain trading, mobile features, and perpetual futures.

Finzer framed the delay as a strategic decision rather than a setback. “The thing that’s carried us through every cycle was a willingness to make hard calls when it mattered,” he wrote, adding that the foundation would announce a new timeline only once launch conditions are deemed appropriate.

Community Apathy

The response from the community has been predictably sour, though muted; likely a reflection of eroding expectations rather than surprise.

The refund mechanism itself has drawn criticism, with users questioning why participants in earlier waves who traded significantly higher volumes weren’t given the option.

“Like many of you, I’ve been personally looking forward to SEA since before I joined. I’m with you. But I also want to see it set up for long-term success and sustainability,” OpenSea CMO Adam Hollander wrote on X.

The reassurances may not land easily, given the platform’s track record on this front. As The Defiant reported last October, most users’ trust in the legacy NFT platform had already fallen as the company sought to convince users to trade tokens on OpenSea, with data showing that much of the activity at the time was driven solely by SEA farming incentives.

For many participants who have spent months farming Treasure across multiple reward waves, the indefinite delay amounts to the latest in a long series of deferred promises from a platform once synonymous with the NFT boom.

A Long Time Coming

The SEA token has been dangled in front of OpenSea users for the better part of two years.

Speculation began in earnest in late 2024, when the OpenSea Foundation surfaced on X and was found to have been registered in the Cayman Islands.

The formal announcement arrived in February 2025 alongside the public launch of OS2, OpenSea’s revamped trading platform, which integrated token swaps, a pivot driven by a significant decline in NFT trading volume, which had fallen from a peak of $5 billion per month in January 2022 to just $195 million in January 2025.

In September 2025, OpenSea quietly doubled its NFT trading fees from 0.5% to 1%, funneling half of all fees into a pre-token launch rewards pool distributed through a gamified system.

Much of the trading activity that followed was driven by SEA farming incentives rather than genuine product-market fit, with critics pointing to surprise KYC requirements and vague promises regarding how 2021-era traders would be rewarded.

After OpenSea concluded its first chest farming season in October 2025, the platform’s DEX aggregator volumes plummeted from an all-time high of $462 million on October 15 to roughly $5 million per day in the weeks that followed. DeFiLlama data shows that daily volumes have plunged further to just $2 million.

Stratton wins Illinois Senate primary, defeating crypto-backed Krishnamoorthi

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Illinois Lieutenant Governor Juliana Stratton is poised to become the next Senator from the state after winning the Democratic primary Tuesday night, defeating Representative Raja Krishnamoorthi.

Krishnamoorthi had received north of $8 million in backing from crypto super-political action committee (PAC) Fairshake, among other entities, while Stratton was backed by Illinois Governor JB Pritzker. Illinois’ senate seat is rated a “Solid Democratic” seat by Cook Political Report, meaning the winner of Tuesday’s primary will most likely win the general election this November and represent the Prairie State in the Senate in 2027.

Fairshake’s ads largely attacked Stratton, rather than supporting Krishnamoorthi directly, a strategy it also employed in the 2024 election. The PAC typically supports candidates in primaries for races they’re likely to win, letting it boast that the vast majority of its backed candidates won elections in 2024.

Stand With Crypto, a Coinbase-backed group that assigns rates to lawmakers based on how crypto-friendly they are, gave Stratton an “F” ranking based on a single statement she made about her primary opponent receiving backing from “MAGA-backed crypto bros.” The rating notes that she has not voted on any crypto bills or otherwise made statements about crypto generally.

Krishnamoorthi received an “A” rating based on his voting record and his responses to a questionnaire sent out by the group.

Another candidate Fairshake opposed, La Shawn Ford, won his primary race as well, according to the Associated Press. Fairshake spent nearly $2 million opposing Ford’s race for the House of Representatives. Ford’s team sent the PAC a cease-and-desist alleging Fairshake’s ads were “defamatory,” according to the Forest Park Review.

A spokesperson for Fairshake did not immediately return a request for comment on either race, or on Ford’s allegations.

New Microsoft AI Agents to Help Modernize Enterprises

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Microsoft has introduced new AI agents designed to help enterprises digitally transform with maximum impact and minimum fuss.

The releases should help organizations by bringing IT departments and developers into a single workflow, reducing the complexity of modernization, according to a blog post post by Jeremy Winter, Microsoft’s Azure platform chief product officer.

The Azure Copilot Migration Agent, introduced last week, is now in public preview. It is designed to help organizations embed AI across discovery, assessment, planning and deployment.

The agent turns “migration from a one-time project into a continuous modernization motion” and can be used on most mission-critical servers, applications and databases, Winter said. “The agent uses what customers already know about their environments to create this continuous modernization system providing early clarity on their inventory … how it all works, what it costs, and what’s worth modernizing.”

Related:Alibaba Launches Enterprise AI Agent Platform

The result, he added, is that tasks that previously took months of manual planning can now be executed in minutes, thanks to a brief conversation with the agent to generate a data-driven plan.

Meanwhile, GitHub Copilot enables developers to use agents that can transform legacy applications into cloud- and AI-ready systems. Microsoft also rolled out a new capability for GitHub Copilot, the modernization agent, now in public preview.

This agent essentially acts as an orchestrator, simultaneously running multiple code assessments, creating unique modernization plans for each application, and executing them with automated framework and runtime upgrades, according to Microsoft.

Microsoft said Azure Copilot and GitHub CoPilot working together will address the disconnect between code and infrastructure, within which developers have modernized code without knowing how it would run, scale, or be governed in the target environment.

“We’re moving away from one-off use of agentic tools to consistent, repeatable agentic execution,” Winter said in the blog. This is the importance of pairing agentic tools with structured delivery models, so organizations can scale modernization confidently across teams and environments.”

Separately, releases a public preview of Fireworks AI on Microsoft Foundry, the vendor’s unified platform for developers and enterprises to build, deploy, optimize and manage AI applications. It also gives developers access to inferencing for open models, including optimized deployments for custom weight models.

Among the models available through Fireworks AI on Foundry are DeepSeek V3.2, OpenAI gpt-oss-120b and Kimi K2.5 from Moonshot AI.

Related:Nvidia Devises a More Secure OpenClaw Stack for Enterprises

 

 

‘Gensler and Biden were just better for crypto,’ says Tally CEO as DAO governance platform shuts down

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The CEO of crypto’s largest Decentralized Autonomous Organization (DAO) governance platform says the Biden administration was better for his industry than its successor — and is shutting down his company to prove the point.

Tally, which powered on-chain governance for Arbitrum, Uniswap, ENS, and more than 500 other DAOs, will wind down operations after six years, CEO Dennison Bertram announced today in a blog post.

Crypto protocols are governed not by executives or boards, but by decentralized autonomous organizations, or DAOs, where token holders vote on everything from fee structures to software upgrades.

In practice, participation is often low and decision-making slow, leaving a small group of active voters to steer billion-dollar systems. Tally built the infrastructure that made crypto democracy possible, providing the voting rails, delegation tools, and dashboards used by major DAOs like Uniswap and Arbitrum to run their governance processes.

In an interview with CoinDesk, Bertram said the twin forces that sustained demand for governance tooling — regulatory threat and a growing ecosystem of decentralized applications — have both disappeared.

Across Protocol recently proposed dissolving its DAO entirely and converting into a U.S. C-corp, arguing the token structure was actively impeding institutional partnerships. Its ACX token surged 80% on the news.

Last year, Solana-based exchange Jupiter and NFT conglomerate Yuga Labs both abandoned their DAO structures, with Yuga CEO Greg Solano calling his project’s governance “sluggish, noisy and often unserious governance theater.

“There’s a natural tension between building a collaborative, decentralized system and then founding it upon crypto economics,” Bertram said. “The crypto economics implies we can find some sort of stasis because everyone is going to pursue their own personal best interest, which is kind of a zero-sum, profit-maximizing mentality.

Gensler forced decentralization. His absence is undoing it

Under the SEC’s Gary Gensler-era interpretation of securities law, a token risked being classified as a security if a clearly identifiable group was making managerial decisions that drove its value, one of the key prongs of the Howey Test.

The industry’s response was to push decision-making outward through DAOs, distributing control across thousands of wallets so no single entity could be said to run the network. Governance systems and tools like Tally weren’t just features — they were part of a legal strategy.

Bertram sees this as the end of his company: if teams no longer believe they will be penalized for operating like traditional companies, decentralization stops being a requirement and becomes optional, many teams choose not to pay for it.

“The [Trump] administration is loudly signaling that you’re not in trouble, go forth and do what you wish,” Bertrain said. “That gives an enormous amount of leeway for existing organizations. It’s not actually clear if you need decentralization, or what decentralization looks like.”

The garden isn’t infinite

The regulatory shift alone didn’t kill Tally. The company’s business model was built on a second bet: that the Ethereum ecosystem would produce a vast, infinite garden of protocols and applications, each needing governance infrastructure.

“For Tally and organizations like Tally to exist, it’s not enough to have a Uniswap, an Aave, one or two L2s, and that’s it,” Bertram said. “That’s a very different kind of enterprise consultancy business.”

That infinite garden thesis was central to Tally’s $8 million fundraise last year.

“A big part of our thesis in our last round was, look, there are going to be thousands of L2s, which was an idea that no one pushed back on,” he said. “There are not, in the near term, thousands of L2s. And there may never be.”

Instead, the industry consolidated around a handful of dominant protocols.

Crypto found product-market fit in payments and speculation like prediction markets, Bertram said, but the rich consumer application layer that would have sustained a governance infrastructure business never developed.

“There isn’t a venture-backed business in governance tooling for decentralized protocols,” he wrote in a blog post announcing the shutdown. “At least not yet.”

Retail doesn’t care about crypto

Beyond the governance crisis, Bertram sees a more existential problem for the industry.

“AI has really become the new narrative of the future, and its narrative is actually much larger and much more encompassing than crypto,” he said. “What that does is it sucks away the best and the brightest. The most exciting opportunity is not here, so we don’t get the most exciting founders, we don’t get the most exciting builders.”

Bertram said he still believes in the industry but no longer buys the argument that it is early.

“People always say, it’s still early,” he said. “I’ve been in this since 2011. I don’t know. It doesn’t feel early.”

Robinhood’s new venture fund just snapped up stakes in Stripe and ElevenLabs

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Robinhood’s (HOOD) newly launched venture fund has added stakes in Stripe and ElevenLabs, marking its first disclosed investments since beginning trading earlier this month.

Robinhood Ventures Fund I (RVI), a closed-end fund designed to give retail investors exposure to private companies, said it purchased roughly $14.6 million in Stripe shares and $20 million in ElevenLabs preferred stock in transactions completed in March.

The fund began trading on the New York Stock Exchange on March 6, part of Robinhood’s broader push to open private markets to everyday investors. Shares of the fund can be bought and sold like a traditional stock, offering access to companies that are typically limited to institutional investors and the wealthy.

Stripe, founded in 2010, provides payments and financial software used by businesses ranging from startups to large enterprises. The investment was made through a secondary transaction, meaning Robinhood bought shares from existing holders rather than directly from the company.

ElevenLabs, a London-based artificial intelligence firm founded in 2022, focuses on voice and audio technology. Its tools allow businesses and developers to generate speech, build conversational agents and create media content across dozens of languages. Robinhood’s investment was part of a primary funding round, meaning the capital goes directly to the company.

The additions expand a portfolio that already includes private companies such as Databricks, Revolut, Ramp and Oura, with more investments expected over time.

Robinhood has positioned the fund as a response to a shift in capital markets. The number of publicly listed companies in the U.S. has declined over the past two decades, while private markets have grown to an estimated $10 trillion, limiting access for retail investors.

“For decades, wealthy people and institutions have invested in private companies while retail investors have been locked out,” CEO Vlad Tenev said previously.

Unlike traditional venture funds, Robinhood’s vehicle does not require investors to be accredited and does not charge performance fees, lowering the barrier to entry.

The strategy follows earlier efforts by the company to offer private market exposure, including tokenized shares in high-profile firms for users in Europe, an initiative that drew scrutiny over how those products were structured.

With the latest investments, Robinhood is signaling that it plans to keep building a portfolio of private companies across fintech and artificial intelligence, two sectors that continue to attract strong investor interest ahead of potential public listings.

Shares of HOOD were up 2% Tuesday trading at $76.78. RVI was lower by 0.4%.

Vietnam pushes local crypto exchanges as Hanoi moves to block offshore trading: Reuters

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Vietnamese firms are racing to secure licences for the country’s first domestic cryptocurrency exchanges as Hanoi moves to restrict trading on foreign platforms.

A government resolution issued in February calls for a pilot program for locally run digital asset exchanges, with a rollout possible as soon as March.

A March 12 Finance Ministry document showed that five companies cleared an initial screening round, Reuters reported. These include affiliates of three private banks in the country including Techcombank, VPBank and LPBank, along with VIX Securities and the Sun Group conglomerate.

The move could reshape a market that has grown fast with little formal oversight. Vietnam has ranked fourth in Chainalysis’ latest Global Crypto Adoption Index, with Vietnamese users having moved an estimated $200 billion in crypto in the year through June 2025.

Officials are concerned that heavy use of crypto and stablecoins could weaken control over capital flows. Vietnam already limits cross-border transfers, and many households have few places to put savings beyond gold and property.

That has helped drive gold prices above global levels and fueled waves of housing speculation, the report points out. Vietnam passed a landmark law officially recognizing digital and crypto assets early last year, outlining a broad framework for managing crypto and fostering innovation in the sector.

Building Resilience in the Age of AI

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With AI deployments continuing to rise across industries, operational resilience has emerged as a key differentiator between those scaling the tech successfully and those who risk falling behind. 

That’s according to a report from San-Francisco based IT incident management vendor PagerDuty, which surveyed 1,000 IT business leaders to answer the question of how AI uptake is affecting revenue. 

The answer, it turns out, has less to do with which AI tools a company deploys and more with how seriously it takes the infrastructure around it.

Findings

The report revealed a key correlation between companies’ investment in AI resilience and achieving measurable returns.

According to the findings, most of the companies covered by the report, nearly three-quarters, increased operational resilience over the past year, with a similar number actively growing their resilience budgets. 

Yet, at the national level, the link between resilience and revenue is increasingly stark. In the U.K. and Ireland, more than three-quarters of revenue-growing companies are increasing resilience budgets, compared with fewer than half of those with flat or declining revenues, according to the report.

Related:Reddit Sues Perplexity, Others for Data Scraping

To put it plainly, organizations that invest in resilience are pulling ahead in ROI, while those that don’t are quickly falling behind.

Failure to implement good governance and resilience has a multi-layered impact. In addition to financial loss (with the report finding that more than half of U.K. and Irish companies face losses of $300,000 or more per hour during major IT incidents, reputational damage can follow a company beyond the incident itself.

The scale of technological innovation has also given rise to another concern: that of implementing adequate governance structures.

The Governance Gap

Speaking at a recent roundtable, PagerDuty CIO Eric Johnson, SVP of product development David Williams and engineering VP Joao Freitas argued that while companies are feeling the pressure to continually integrate AI and innovate, governance structures to manage these deployments are not yet capable of managing the pace of change.

“There is this insane race to deploy AI as quickly as possible, without the appropriate guardrails or orchestration tools being in place,” Williams says. “That’s the challenge.”

AI agents, he argued, should be managed the same way as human staff, with appropriate permissions, oversight and accountability. 

“You should be treating them like you would if you were building a team of people,” he said. “Make sure you hire people appropriate for the job, coordinate the work, divide it among them, monitor their performance, weed out the ones that are not performing well and give them more responsibility over time. If we’re not thinking about technology the same way, it can be catastrophic.”

Related:Managing Shadow AI: Risks and Responses for Enterprises

“You can codify all these things for agents,” he added. “You can build infrastructure, orchestrate agents, provide guardrails, provide observability — all these things that prevent reliability from becoming a problem. But that hasn’t been done yet.”

Freitas pointed to the speed of AI-enabled development as another pressure point. “We had projects that previously would take six months that we can now do in 10 days,” he said. 

While the efficiency gains are significant, so are the risks.

“When we apply AI, we need to think about how we continue to be reliable, how we continue to be compliant, especially at the enterprise level,” Freitas added.

Questions About the End of the Employee

Beyond infrastructure, AI’s rapid expansion is raising a more human question about what happens to the workforce.

The early narrative that AI would render junior roles obsolete is already being revised, and Johnson stressed that the human-in-the-loop remains essential. 

“If you put an agent on your support site and it gives a customer the wrong information, then you are liable for that response,” he said. “It’s about augmenting staff, not always replacing them.”

On the question of entry-level jobs specifically, Johnson said the initial panic was misplaced. What will change, he argued, is the nature of those roles. 

With younger generations growing up alongside AI, he says these employees will be able to provide a level of tech expertise that was previously neither possible nor necessary. 

“By the time they enter the workforce, we’re going to have these AI natives that are really good at understanding how to manipulate AI to get things done at a scale we can’t even imagine right now,” Johnson added.

Williams struck a similar note, but with a warning. Capturing the best of both generations requires ensuring that foundational knowledge isn’t lost in the transition. 

“Understanding the fundamentals is important,” he said. “The question is how do you make sure the education is there: across secondary school, universities, as well as on the job? We need people to understand the fundamentals and be held accountable for checking the results when they use these tools. If you have those two things in place, I think we’re in good shape. If you skip either one, you’re in trouble.”

 

 

 

CFTC Issues No-Action Letter for Crypto Wallet Provider Phantom

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The no-action position taken by the US regulator under Chair Michael Selig will allow the company to engage in certain activities without registering as a broker.

The US Commodity Futures Trading Commission (CFTC) said Tuesday that its Market Participants Division issued a no-action letter in response to a request from crypto wallet provider Phantom Technologies.

A CFTC notice said that the no-action letter would, under certain circumstances, stop the division from recommending that the regulator take an enforcement action against Phantom or its staff for failure to register as a broker.

According to Phantom, the no-action position will allow the company to “act as a non-custodial interface connecting users to a registered exchange […] without taking on the regulatory obligations of an introducing broker.” 

“With thanks to the CFTC’s willingness to open their doors to facilitate innovation, we proactively engaged with the CFTC to seek clarity on how a non-custodial interface like Phantom could offer access to regulated markets through a registered partner, without acting as an intermediary that needs its own registration,” said Phantom. “Rather than building first and seeking forgiveness later, we took a different approach to give our users safe and reliable ways to access traditional financial markets.”

Source: Phantom co-founder and CEO Brandon Millman

The regulator’s no-action response for a crypto company was one of the first taken under the leadership of the CFTC Chair Michael Selig since his US Senate confirmation in December. Selig and former CFTC acting chair Caroline Pham led the commission under US President Donald Trump as it issued several no-action letters for crypto platforms, including Polymarket and Binomial. 

Related: Prediction markets boom on Iran bets as Congress eyes ban

CFTC defends authority over prediction markets, plans coordinating with SEC

Selig continues to defend what he called the CFTC’s “exclusive jurisdiction” in overseeing prediction market platforms like Kalshi and Polymarket in the face of a slew of US state authorities filing lawsuits against companies for alleged violations of gambling laws. Last week, he, as the sole CFTC commissioner, proposed a rule that could amend or issue new regulations over event contracts on prediction markets platforms, opening it to public comment.

Amid the tussle over regulating prediction markets, the CFTC and Securities and Exchange Commission (SEC) last week signed a memorandum of understanding in an attempt to end “regulatory turf wars.” Both agencies agreed to adopt a “minimum effective dose” regulatory strategy.

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