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SEC Decision: A Victory for DeFi and Cryptocurrencies

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by Giorgi Kostiuk

5 months ago


The SEC unexpectedly withdrew its appeal to expand securities laws to DeFi, marking a significant victory for the crypto industry. Let's explore why this happened and what it means for DeFi, crypto firms, and investors.

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 federal court in Texas struck down the SEC’s expanded rule, calling it “untethered” from existing laws. The lawsuit was brought by the Blockchain Association and the Crypto Freedom Alliance of Texas. In February 2025, the SEC quietly withdrew its appeal by 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?

First, the Texas court’s ruling was strongly against the SEC, stating that it exceeded its authority by attempting to regulate DeFi protocols like traditional financial brokers. Continuing the appeal risked another legal defeat. Secondly, with new leadership following Gary Gensler’s departure, the SEC is under acting Chair Mark Uyeda, and crypto-friendly Commissioner Hester Peirce is leading a new Crypto Task Force, signaling a more collaborative approach rather than aggressive enforcement. Thirdly, the previous approach under Gensler was criticized as an attempt to regulate by enforcement rather than establishing clear guidelines. Finally, industry and political pressure had mounted against the rule. Crypto advocacy groups, including the Blockchain Association, pushed back, as discussions around regulatory clarity grew.

What This Means for Crypto and DeFi

Firstly, 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. Secondly, 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. Thirdly, with regulatory clarity improving, more institutional investors may enter the DeFi space, reducing fears of sudden regulatory crackdowns. Finally, instead of lawsuits and enforcement actions, the SEC may engage with the industry to create clearer, fairer rules for DeFi and crypto, leading to a more stable environment for innovation.

The SEC's withdrawal from the appeal indicates potential shifts in how the crypto sphere is regulated. This is a substantial victory for DeFi and possibly a positive signal for institutional growth.

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