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# SEC and CFTC Seize Crypto Rulemaking While Congress Stalls
- URL: https://wire.fourthweb.ai/sec-and-cftc-seize-crypto-rulemaking-while-congress-stalls/
- Published: 2026-08-20T21:31:51.000Z
- Updated: 2026-08-20T21:31:54.000Z
- Description: While Congress argues, the SEC and CFTC are already writing the rulebook for digital assets — and who's in charge when they finish matters more than what's in the bill.
- Author: Travis Wright
- Tags: Real World Assets, Funding Rounds

**While Congress argues, the SEC and CFTC are already writing the rulebook for digital assets — and who's in charge when they finish matters more than what's in the bill.**

### The Summary

- [Trump administration pivots to agency-level crypto rulemaking](https://cryptobriefing.com/trump-administration-advances-crypto-rules-as-key-bill-stalls-in-congress/?ref=wire.fourthweb.ai) after a landmark legislative bill stalls in the Senate, shifting regulatory power from Congress to the SEC and CFTC
- [Tyler Winklevoss warns the industry](https://cryptobriefing.com/winklevoss-crypto-rules-atkins-selig-clarity-act/?ref=wire.fourthweb.ai) to lock in rules under current leadership before "a new Gensler" reverses course
- [63% of Americans view Trump's crypto profits as inappropriate](https://cryptobriefing.com/poll-americans-trump-crypto-profits-inappropriate/?ref=wire.fourthweb.ai), raising questions about conflict of interest as his agencies write the rules
- The shift creates uncertainty: [agency regulations can be rewritten faster than laws](https://cryptobriefing.com/trump-agencies-crypto-policy-bill-stalls/?ref=wire.fourthweb.ai), making investor confidence fragile and market stability harder to predict

### The Signal

The crypto industry spent two years pushing for legislative clarity. It's not coming. Instead, [the Trump administration is moving forward with agency-level rulemaking](https://cryptobriefing.com/trump-administration-advances-crypto-rules-as-key-bill-stalls-in-congress/?ref=wire.fourthweb.ai) through the SEC and CFTC while the Senate bill sits in limbo. This isn't necessarily bad news, it's just different news. Agency rules can move faster than legislation. They can also be undone just as quickly.

Tyler Winklevoss gets it. He's publicly urging the industry to [push for comprehensive regulations now, while SEC Chair Paul Atkins and CFTC Chair Brian Quintenz are running the show](https://cryptobriefing.com/winklevoss-crypto-rules-atkins-selig-clarity-act/?ref=wire.fourthweb.ai). His concern is timing. A new administration could install "a new Gensler" and reverse everything. Legislative wins are durable. Agency guidance is temporary.

> "Agency-level crypto regulations introduce uncertainty, impacting investor confidence and market stability amid legislative gridlock."

Here's what makes this moment strange: [Trump himself has profited from crypto](https://cryptobriefing.com/poll-americans-trump-crypto-profits-inappropriate/?ref=wire.fourthweb.ai), and most Americans think that's a problem. 63% find it inappropriate for a sitting president to be making money in the same sector his agencies are regulating. That's not a fringe opinion. It's nearly two-thirds of the electorate seeing a conflict of interest in real time.

The regulatory path forward now looks like this:

- SEC and CFTC write the rules without waiting for Congress
- Industry players race to influence the process before leadership changes
- Market participants bet on stability that may not last past the next election

This creates two markets. One is the actual crypto market, where tokens trade and protocols deploy. The other is the regulatory futures market, where firms are trying to predict which rules will stick and which will evaporate when the administration flips. [The reliance on agencies instead of legislation makes that second market much harder to read](https://cryptobriefing.com/trump-agencies-crypto-policy-bill-stalls/?ref=wire.fourthweb.ai).

### The Implication

If you're building in crypto, treat the current regulatory window like weather, not climate. Get clarity where you can, build relationships with the agencies writing the rules, and plan for the possibility that everything changes in 2028\. Winklevoss is right to push for speed. The worst outcome isn't strict rules, it's ambiguous ones that shift every four years.

For investors, this means regulatory risk is now timing risk. The question isn't whether crypto gets regulated. It's whether the regulations you're operating under today will still exist tomorrow.

### Sources

[Crypto Briefing](https://cryptobriefing.com/winklevoss-crypto-rules-atkins-selig-clarity-act/?ref=wire.fourthweb.ai)