Crypto

Cryptocurrency laws and regulations

Published

9 months ago

March 22, 2025

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Overview of regulations, how they’re regulated, key challenges, and more resources for legal professionals

Legal terms · Securities law · Cryptocurrency laws

The expansion of virtual currencies like Bitcoin and Ethereum has put U.S. regulators in a dilemma between encouraging innovation and safeguarding investors.

The evolution of cryptocurrency is primarily due to the rise in technology worldwide. It has pushed financial boundaries, leaving with the possibility that cryptocurrencies may become the central element of the global economy.

The significance and impact of the use of cryptocurrency in the U.S. highlights the need to regulate it. However, there is a challenge in establishing a clear policy framework. With the digital revolution taking place through cryptocurrency, the state and federal governments are trying to determine how to define their role in regulating this new asset class in the best way possible.

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What is cryptocurrency?

What is cryptocurrency regulation?

How is cryptocurrency regulated?

State regulations

International Standard-Setting Bodies

Challenges in the US crypto regulation

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What is cryptocurrency?

Cryptocurrency is a type of digital money that is a decentralized digital asset designed as a medium of exchange, utilizing cryptographic protocols to regulate the creation of new units. It exists only online and is not controlled by any government, central bank, or authority.

A digital or virtual currency that is not issued by any central authority, is designed to function as a medium of exchange, and uses encryption technology to regulate the generation of units of currency, to verify fund transfers, and to prevent counterfeiting.

Black’s Law Dictionary

(12th ed. 2024)

Cryptocurrency uses a secure technology called cryptography to keep transactions safe and verify fund transfers to prevent fraud. It operates on a decentralized system and transactions are recorded on a public ledger called blockchain. The regulatory treatment of cryptocurrency varies across jurisdictions, with legal considerations encompassing anti-money laundering compliance, securities laws, taxation, and consumer protection frameworks.

What is cryptocurrency regulation?

Crypto regulations are the legal rules and guidelines that are present and issued by governments to shape how digital assets such as virtual currency operate. These laws have varied approaches across nations.

In the U.S., there are various states wherein some are friendly towards market participants embracing crypto with clear regulations, while others ban it outright.

Around 60 percent of U.S. citizens lack confidence in cryptocurrency trading or investment, considering the existing systems to be unreliable or unsafe. One primary reason for this distrust may be the absence of a single, consistent set of laws to regulate cryptocurrencies.

The existing regulations range from covering everything about how cryptocurrencies are to be created and traded to how they interact with traditional financial systems. Well-defined rules can help the crypto market in the following ways:

Help in protecting investors from scams and market manipulation
Ensure that there is transparency in the transaction, along with accurate information
Help prevent illegal activities like money laundering, fraud, misleading information, etc
Clarify the tax rules that apply to digital currencies
Encourages market participation and confidence in the investors while encouraging blockchain innovation
Regulates the risks that are or may be associated with the transactions

How is cryptocurrency regulated?

No defined regulation is used to regulate cryptocurrency in the U.S. as of 2025.

However, a major crypto legislation was introduced in 2024, i.e. the Financial Innovation and Technology for the 21st Century Act (or FIT21), that has been passed by the U.S. House of Representatives but has not yet been enforced. The legislation is aimed at emphasizing the role of the Commodity Futures Trading Commission (CFTC) as a lead crypto regulator in the U.S.

In the absence of one framework for cryptocurrency, the authorities try to regulate and enforce the already existing laws both at the federal and state levels, which are as follows.

Federal regulations

At the Federal level, regulations have predominantly dealt with various administrative agencies and bureaus.

The Securities and Exchange Commission (SEC)

The SEC primarily deals with securities such as convertible notes, stocks, debentures, etc. They aim to protect investors through mandatory registration of the securities that qualify for it.

The SEC brought lawsuits against major platforms such as Coinbase, Binance, Kraken, etc, for violation of regulations.

Due to the difference between the cryptocurrency and securities, a judicial split emerged in 2023, with Southern District of New York (SDNY) Judge Torres ruling in SEC v. Ripple Labs that only the institutional sales of XRP were securities, while Judge Rakoff in SEC v. Terraform Labs held that Terraform’s UST stablecoin was a security.

Courts remain divided on this issue at the time of this writing.

Commodity Futures Trading Commission (CFTC)

CFTC is a federal agency that is tasked with regulating U.S. commodities and derivative markets.

The CFTC regulates cryptocurrencies as commodities under the Commodity Exchange Act and has developed jurisdiction in derivative markets, all of which are set forth in decisions such as CFTC v. McDonnell (2018) and CFTC v. My Big Coin Pay (2018), etc.

In 2017, the CFTC introduced a self-certification process for bitcoin futures which allowed exchanges to launch crypto derivatives. For enforcement measures, the CFTC has engaged in high-profile enforcement matters against Uniswap, Binance, Celsius, Ooki DAO, and secured an order against defaulted FTX to pay a penalty of $12.7 billion.

Internal Revenue Service (IRS)

Since 2014, the IRS has treated cryptocurrency as a digital representation of value which is different from a representation of the U.S. dollar or any other real currency. It functions as a unit of account, a store of value, and a medium of exchange.

Being categorized as property makes each sale, trade, or buying of cryptocurrency taxable under capital gains taxes like stocks or property. Regardless of whether one incurs profit or loss, correct reporting of the same must be done according to the IRS.

US Department of the Treasury’s Financial Crimes Enforcement Unit (FinCEN)

FinCEN was the first U.S. federal regulator to address cryptocurrency, by issuing guidance back in 2013.

It governs virtual currency businesses and wallet services as Money Services Businesses and mandates them to have anti-money laundering and counter-terrorism financing regulations, specifically on Money Services Businesses dealing with Convertible Virtual Currency.

US Department of the Treasury’s Office of Foreign Assets Control (OFAC)

OFAC is a regulatory agency that administers and enforces U.S. economic and trade sanctions to maintain national security and foreign policy interests.

These sanctions target countries, terrorists, narcotics traffickers, and other threats including those involved in cryptocurrency activities. OFAC applies the same sanctions compliance standards to transactions involving digital assets as it does to those involving traditional currency.

U.S. Department of Justice (DOJ)

In October 2021, the DOJ created the National Cryptocurrency Enforcement Team (NCET) to enhance its investigative resources to control criminal activity in the crypto environment.

The DOJ has been involved in several high-profile cases and has even charged the crypto market with insider trading, including against former Coinbase exchange employees.

Federal Deposit Insurance Company (FDIC)

After issuing joint prudential crypto releases in November 2021, the FDIC instructed all FDIC-supervised institutions in April 2022 to notify if they were conducting crypto business or intended to engage in it. This was required so the FDIC could review the information provided.

Federal Reserve Board (FRB)

FRB supervises the banking institutions and banking activities.

It issued reports on stablecoins and central bank digital currency in January 2022. After that jointly in 2023, with FDIC and OCC, the FRB released two statements on the risks that are associated with crypto assets and the participants.

The FRB also issued supervisory guidance requiring banks under its oversight to notify their lead supervisory contact before engaging in crypto-asset activities.

State regulations

Financial regulators for cryptocurrency at the state level are as follows:

New York State Department of Financial Services (NYDFS)

In contrast to other crypto regulations that have been prominently adopted by other states, New York has a different regime that is focused on customer protection.

It was the first comprehensive crypto regulatory regime among major U.S. states which led the way by introducing the concept of BitLicensees — used to self-certify the listing or adoption of new virtual currencies. However, it is generally considered to be prohibitive and burdensome by the market participants.

California Department of Financial Protection and Innovation (DFPI)

On one hand, the DFPI has shown a friendly approach to the crypto market participants providing a narrow reading of state licensing requirements. On the other hand, it has implemented a comprehensive state crypto regulatory framework.

State attorneys general, including the New York State Attorney General (NYAG)

NYAG is one of the crypto regulators in the U.S. that has actively participated in filing charges and settling with the crypto platforms and market participants of all sizes.

International Standard-Setting Bodies

There is a constant rise in the involvement of digital currency transactions around the world, which often lightens the line between the borders as well.

Now, given the evolving complexities of digital asset markets, several prominent international financial standard-setting bodies have undertaken initiatives to regulate cryptocurrencies and make sure that they are regulated across jurisdictions.

Bank for International Settlements (BIS)

BIS acts as the central bank, and therefore it plays a role in shaping the regulatory framework for Central Bank Digital Currencies and stablecoins. BIS has issued various reports on stablecoin arrangements.

Basel Committee on Banking Supervision (BCBS)

BCBS is the primary global standard-setting body for prudential bank regulation, which has developed a framework to govern the exposure of banks to crypto assets.

Financial Stability Board (FSB)

The FSB contains the regulatory, supervisory, and oversight recommendations for crypto-asset markets which establishes high-level global standards for crypto regulation.

Financial Action Task Force (FATF)

FATF is a global authority on anti-money laundering and counter-terrorist financing, it has issued extensive guidance on mitigating illicit finance risks in the crypto sector.

3 Key challenges

Cryptocurrency regulation in the U.S. presents significant challenges due to its fragmented nature, requiring businesses to comply with a complex framework of overlapping and, at times, conflicting federal and state laws.

Since each state has different regulations, it makes nationwide operations difficult.
Money transmitter licensing rules differ across states, which may be friendly or strict, making compliance restrictive and complex.
There is a lack of clear crypto-specific laws which forces businesses to interpret existing financial regulations in different ways, leading to uncertainty and misinterpretation.

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Crypto

Cryptocurrency’s Next Chapter: ETF Outflows and Fintech Solutions – OneSafe Blog

Published

8 hours ago

December 26, 2025

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Cryptocurrency’s Next Chapter: ETF Outflows and Fintech Solutions – OneSafe Blog

The cryptocurrency market is in a state of flux, particularly as Bitcoin and Ethereum ETFs face a wave of significant outflows that raise eyebrows regarding investor confidence. Meanwhile, fintech startups are stepping up to the plate, especially in areas like crypto payroll and solutions powered by stablecoins. Let’s delve into how these trends are redefining the landscape of digital assets and what they may signify going forward.

ETF Outflows: A Sign of Caution?

Recent reports indicate that there have been substantial outflows from spot Bitcoin (BTC) and Ethereum (ETH) ETFs, amounting to around $188.6 million. This suggests that investors are treading carefully amidst ongoing regulatory uncertainties, which could lead to a reassessment of positions in these major cryptocurrencies. BlackRock’s IBIT, for example, experienced a record single-day outflow of $91.37 million, which has undoubtedly sent ripples through the market.

The implications of these outflows are immediate and significant. Investor confidence is shaken, and the market dynamics are in flux. While BTC and ETH ETFs are seeing withdrawals, the Solana ETFs are drawing inflows, hinting at a dichotomy in investment behavior. This outflow trend may set the stage for increased volatility in key market assets.

Stablecoins: The New Frontier for Institutions

Despite the aforementioned outflows, institutional interest in stablecoins is on the rise. More and more, investors are seeking safer, low-volatility options. Stablecoins like USDC and USDT are increasingly seen as attractive alternatives. This isn’t just a retreat from cryptocurrencies; it’s a strategic pivot toward more stable financial instruments.

The growing acceptance of stablecoins is evident in various sectors. Businesses are utilizing them to facilitate international payments, benefiting from low fees and quick settlements. This trend underscores the evolving nature of cryptocurrency, positioning stablecoins as a viable alternative to traditional fiat currencies.

Crypto Payroll: A Fintech Revolution

Fintech startups are leading the charge in innovation, especially in the sphere of crypto payroll solutions. By opting for stablecoins to compensate employees, these companies are streamlining their payment processes while hedging against the risks of cryptocurrency volatility. It’s a way to attract tech-savvy talent while navigating regulatory complexities.

This move toward crypto payroll is particularly advantageous for startups operating in a global marketplace. With stablecoins, these companies can handle cross-border payments efficiently, thereby cutting costs and improving operational efficiency. This trend points to a larger movement towards adopting digital currencies in daily business operations.

The Case for Blockchain in Cross-Border Payments

The rise of stablecoins carries significant implications for cross-border payments. Traditional methods, such as SWIFT, are often burdened with high fees and protracted processing times. Blockchain technology, on the other hand, allows for almost instantaneous transactions at a fraction of the cost. This is particularly beneficial for businesses involved in international trade, enabling them to conduct financial operations smoothly.

Moreover, the adoption of crypto payroll solutions is gaining traction in various sectors, including gaming and streaming. Companies are increasingly offering salaries in cryptocurrencies, tapping into a trend that appeals to younger, tech-oriented employees. This innovative approach not only boosts employee satisfaction but also positions businesses as forward-thinking competitors.

Regulatory Challenges Ahead

As the cryptocurrency landscape shifts, so too does the regulatory environment. Fintech startups are adapting by developing user-friendly platforms that emphasize compliance and risk management. By utilizing stablecoins and regulated platforms, businesses can navigate the complexities of the changing regulatory landscape while enhancing their operational capabilities.

The integration of decentralized finance (DeFi) solutions is also becoming more prominent, providing SMEs with alternative financing avenues as regulations tighten. This approach allows businesses to access capital while remaining compliant with new regulatory frameworks, setting the stage for success in a fast-evolving market.

Summary: A New Era for Cryptocurrency

The recent outflows from Bitcoin and Ethereum ETFs mark a crucial juncture in the cryptocurrency market. However, the rise of fintech innovations, particularly in stablecoin adoption and crypto payroll solutions, offers a glimmer of hope for the future. As businesses maneuver through regulatory challenges and shifts in investor sentiment, the integration of digital currencies into everyday operations is likely to gain momentum.

In summary, while the current landscape may be filled with uncertainty, fintech startups are showcasing adaptability and resilience, paving the way for a new chapter in cryptocurrency. By embracing innovation and focusing on compliance, these companies are not only weathering the storm but also shaping the future of digital assets.

Crypto

Bitwise Unloads 10 Predictions: ‘Bulls Will Win out’ Across Bitcoin, Altcoins, Crypto ETFs

Published

20 hours ago

December 25, 2025

Press Room

Bitwise Asset Management released 10 crypto predictions for 2026, outlining a forcefully bullish, bitcoin-centered outlook driven by ETF demand, institutional adoption, regulatory progress, supply constraints, and a shifting market structure favoring sustained upside momentum ahead.

Crypto

What is DAC8 and Its Importance in Cryptocurrency Regulation? – OneSafe Blog

Published

1 day ago

December 25, 2025

Press Room

What is DAC8 and Its Importance in Cryptocurrency Regulation? – OneSafe Blog

DAC8, or the Directive on Administrative Cooperation, represents a pivotal regulatory framework introduced by the European Union that broadens the current tax reporting system to encompass crypto assets. With an effective date set for January 1, 2026, DAC8 necessitates that crypto-asset service providers (CASPs) gather and disclose comprehensive data regarding user transactions to national tax authorities. The report will then be shared across EU member states, thereby enhancing the level of transparency and compliance in the crypto space.

This new regulation is critical because it fills the voids left by past regulations, ensuring that cryptocurrencies are treated in a way similar to conventional financial assets such as bank accounts and stocks. Such a shift is intended to deter tax evasion and augment the accountability of crypto transactions, which have historically functioned in a largely unregulated environment.

What Impact Will DAC8 Have on Small Fintech Startups?

The implications of DAC8 for small fintech startups within the crypto sector are significant and multifaceted. The compliance expenses associated with the new regulation are likely to be disproportionately burdensome for smaller companies, potentially undermining their ability to compete in the marketplace. Given that small startups typically lack the resources to develop or acquire the necessary systems for identity verification, data collection, and secure reporting—each of which is now mandated under DAC8—they may find it more challenging to thrive.

Since larger firms can distribute compliance costs over a broader customer base, smaller startups might face a considerable disadvantage unless they find innovative technological solutions or collaborate with larger providers. This regulatory burden poses the risk of stifling innovation and constraining the capacity of small firms to penetrate the market or effectively expand their operations.

What Compliance Requirements Are Stipulated by DAC8?

DAC8 imposes a range of compliance requirements that CASPs must adhere to, including:

Data Collection: Firms are required to gather extensive information about their users, covering transaction data as well as customer identities.
Reporting Obligations: CASPs must report this gathered information to national tax authorities, who will subsequently disseminate it to other EU member states.
Implementation Timeline: The regulations are set to be implemented on January 1, 2026, with the first reports due by September 30, 2027, capturing data from the 2026 fiscal year.

These compliance demands call for significant investment in the necessary infrastructure, a daunting task for smaller startups. The requirements for technical, legal, and compliance resources can result in both fixed and ongoing variable costs that disproportionately burden smaller firms.

How Does DAC8 Relate to MiCA?

DAC8 operates in conjunction with the Markets in Crypto-Assets (MiCA) regulation, which gained approval in April 2023. While MiCA centers on the licensing and operational standards for crypto firms, DAC8 ensures tax compliance through precise reporting of user data and transactions.

The merging of DAC8 and MiCA aims to construct a comprehensive regulatory framework that addresses both market conduct and tax obligations. Together, they seek to bolster the overall integrity of the crypto market while ensuring that firms operate under a well-defined legal structure.

What Are the Consequences of Non-Compliance?

The repercussions for non-compliance with DAC8 are severe. Should a CASP fail to comply with reporting requirements, they risk facing hefty fines and legal sanctions as determined by national laws. Furthermore, tax authorities gain the authority to freeze or seize crypto assets linked to unpaid taxes, irrespective of the asset’s location outside the firm’s home country.

These stringent enforcement measures highlight the critical nature of compliance for crypto firms operating within the EU. The potential for asset seizure adds urgency for companies to ensure they meet DAC8’s requirements.

How Can Startups Alleviate Compliance Costs?

To adeptly navigate the compliance challenges posed by DAC8 without stifling innovation, small fintech startups can explore several approaches:

Compliance-as-a-Service Solutions: Collaborating with third-party compliance providers can help startups manage their reporting commitments without a need for extensive in-house resources.
Industry-Standard APIs: Utilizing established APIs for data collection and reporting can streamline compliance processes and lesson operational demands.
Niche Markets: By specializing in services that fall outside the complete scope of DAC8’s reporting requirements, startups can reduce some compliance costs.
Collaborations with Larger Firms: Forming partnerships with established entities in the crypto sector can grant access to shared compliance infrastructure and resources.

Implementing these strategies could equip startups to better position themselves in the evolving regulatory landscape while retaining their innovative capabilities.

Summary: A New Chapter for Crypto Regulation

DAC8 signifies a substantial transformation in the regulatory landscape for the crypto industry, particularly affecting small fintech startups. While the compliance obligations may present challenges, they also open avenues for innovation and collaboration. By grasping the implications of DAC8 and proactively strategizing, startups can navigate the complexities of compliance and sustain growth in the crypto space. In such a rapidly evolving environment, remaining informed and adaptable is paramount to achieving success.