The SEC voluntarily dismissed its appeal on the application of securities laws to DeFi, suggesting a possible change in regulatory approach in the crypto industry.
What Just Happened?
The SEC had proposed an expanded definition of 'dealer' that would have required DeFi protocols, market makers, and liquidity providers to register as securities exchanges and brokers. However, in November 2024, a Texas federal court struck down the SEC’s expanded rule, calling it 'untethered' from existing laws. Instead of continuing the legal battle, the SEC quietly withdrew its appeal in February 2025, filing a motion to dismiss in the U.S. Fifth Circuit Court of Appeals. No opposition was raised, effectively sealing the decision.
Why Did the SEC Back Down?
* Court Ruling Was Strongly Against Them The Texas court’s ruling was clear: the SEC exceeded its authority by attempting to regulate DeFi protocols like traditional financial brokers. Continuing the appeal risked another legal defeat. * New Leadership, New Direction Following Gary Gensler’s departure, the SEC is now under acting Chair Mark Uyeda, with crypto-friendly Commissioner Hester Peirce leading a new Crypto Task Force. This signals a more collaborative approach rather than aggressive enforcement. * Regulatory Overreach Concerns The SEC’s previous approach under Gensler was criticized as an attempt to regulate by enforcement rather than establishing clear guidelines. The withdrawal suggests the agency may be rethinking its strategy. * Industry and Political Pressure Crypto advocacy groups, including the Blockchain Association, pushed back hard against the rule. With growing political discussions around crypto regulation, the SEC may be waiting for Congress to provide clearer guidelines instead of acting unilaterally.
What This Means for Crypto and DeFi
1. DeFi Gets a Major Legal Win This decision ensures that DeFi protocols, liquidity providers, and automated market makers won’t be forced to register as securities dealers—at least for now. 2. Regulatory Uncertainty Still Exists While this dismissal is a win, it doesn’t mean the SEC is stepping away from crypto regulation entirely. Future rules could still impact the industry, but the approach may be more measured. 3. Positive Signal for Institutional Crypto Growth With regulatory clarity improving, more institutional investors may enter the DeFi space, reducing fears of sudden regulatory crackdowns. 4. Shift Towards Constructive Regulation? Instead of lawsuits and enforcement actions, the SEC may engage with the industry to create clearer, fairer rules for DeFi and crypto. This could lead to a more stable environment for innovation.
The SEC’s withdrawal of its appeal may mark a new phase in its relationship with the crypto industry. Moving towards a more constructive regulatory dialogue could pave the way for further innovation and sustainable growth.
