News

The SEC Drops Its DeFi Appeal: Why It Matters for Crypto

by BSCN

February 20, 2025

chain

Earlier, a lawsuit, led by the Blockchain Association and CFAT, challenged the SEC’s attempt to classify DeFi protocols as securities dealers.

The U.S. Securities and Exchange Commission (SEC) has voluntarily dismissed its appeal to expand securities laws to decentralized finance (DeFi). This marks a major victory for the crypto industry, as it signals a potential shift in regulatory approach under new leadership.

But why did the SEC back down, and what does it mean for DeFi, crypto firms, and investors? Let’s break it down.

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. This move was widely seen as an attempt to impose traditional financial rules on decentralized platforms.

However, in November 2024, a Texas federal court struck down the SEC’s expanded rule, calling it “untethered” from existing laws. The lawsuit, brought by the Blockchain Association and the Crypto Freedom Alliance of Texas (CFAT), argued that the SEC overstepped its authority.

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.

Disclaimer

Disclaimer: The views expressed in this article do not necessarily represent the views of BSCN. The information provided in this article is for educational and entertainment purposes only and should not be construed as investment advice, or advice of any kind. BSCN assumes no responsibility for any investment decisions made based on the information provided in this article. If you believe that the article should be amended, please reach out to the BSCN team by emailing [email protected].

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