Digital assets, the tokens and coins that trade on blockchain networks, are moving toward formal federal rules without a new law from Congress. The US Securities and Exchange Commission scheduled a meeting this week to address digital asset policy on its own authority. No legislation defining which tokens fall under the SEC's jurisdiction has cleared Congress, and CLARITY, the bill written to do exactly that, stalled before a final vote.
Why CLARITY's absence matters
CLARITY is shorthand for a bill that would have established, by congressional vote, which digital assets count as securities and which do not. A security is a regulated investment product. If a token qualifies as one, the company behind it must register with the SEC and satisfy disclosure requirements designed to protect investors. If it does not, a different framework may apply.
The bill stalled before passage. That left the industry without a legislative answer to a basic question: what are the rules?
That absence has had practical costs. Companies building on blockchain networks have had to operate under uncertainty, often learning their compliance status through enforcement rather than advance guidance. When the SEC brought a case, the filing itself became the market's first clear signal that the regulator considered a particular token a security.
What the SEC can do without Congress
Agencies hold tools that work without new legislation. The SEC can publish guidance explaining how existing law applies to digital assets. It can also open a formal rulemaking, a process that requires a public comment period before the resulting rules take legal effect. Neither path requires a congressional vote.
The limit is also clear. Congress writes law; agencies interpret it. Guidance and formal rules exist within whatever statutes are already on the books. If those statutes were not written with digital assets in mind, the regulator's reach has edges a court can identify.
The scheduled meeting signals the SEC intends to act within those edges rather than wait for CLARITY to clear Congress.