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SEC Exempts PoW Mining from Securities Regulations: Implications for the Crypto Industry

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by Giorgi Kostiuk

7 days ago


The U.S. Securities and Exchange Commission (SEC) has clarified that Proof-of-Work (PoW) mining is not regulated as a securities offering, marking a significant stride towards transparency in the cryptocurrency sector.

SEC Affirms PoW Mining Does Not Constitute Securities Offerings

The SEC's Division of Corporation Finance confirmed that mining activities involving 'Covered Crypto Assets' on public, permissionless blockchains like Bitcoin do not qualify as securities offerings. Under the Howey Test, PoW mining is not classified as a securities activity, because miners use their own computational resources to earn rewards, viewing their activities as administrative rather than investment-based.

Impact of Trump's Policies on Digital Asset Market

The SEC announcement coincided with U.S. President Donald Trump’s speech at the Blockworks Digital Asset Summit. Trump reiterated his commitment to establishing the U.S. as a global leader in blockchain and digital assets. His administration has created the Council of Advisers on Digital Assets and plans to appoint a pro-crypto SEC chair to succeed Gary Gensler.

Market Reaction and Future Prospects

Despite the SEC’s announcement, the market reacted with restraint, having previously recognized Bitcoin's commodity status. Nonetheless, the SEC's clarification could improve prospects for crypto mining companies like Marathon Digital, Riot Platforms, and Bitfarms by alleviating prior regulatory uncertainties.

The SEC's statement that PoW mining is not within securities regulations marks a new chapter in cryptocurrency industry regulation, paving the way for legitimization and expansion of digital assets.

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