DeFi Education Fund and Digital Chamber of Commerce Request SEC to Initiate Formal DeFi Rulemaking

iconChaincatcher
Share
Share IconShare IconShare IconShare IconShare IconShare IconCopy
AI summary iconSummary

expand icon
The DeFi Education Fund and the Digital Chamber of Commerce have urged the SEC to initiate formal rulemaking for DeFi. The groups seek to transform the SEC’s informal guidance into clear, enforceable rules for DeFi infrastructure, arguing that validators, oracles, and cloud providers should not be classified as brokers. This effort aims to reduce legal risks and support the growth of DeFi in terms of liquidity and crypto markets. The letter also references CFTC compliance as part of a broader regulatory framework.

1. From Temporary Statement to Formal Rule: The Joint Letter Capitalizes on the Current Policy Window

Although the SEC’s Division of Market and Trading statement has green-lighted certain software user interfaces, its legal effect remains non-binding guidance and cannot provide developers with long-term legal certainty. The joint letter explicitly calls for the initiation of a formal rulemaking process, aiming—through the notice-and-comment procedure under the Administrative Procedure Act—to transform the current policy stance into regulatory text that can be cited in court and is resistant to reversal by a single commission. Under the current leadership of Chairman Paul Atkins, the SEC has adopted an open attitude toward digital asset innovation, sharply contrasting with the restrictive posture of the previous chair, Gary Gensler—creating the optimal policy window for codifying these rules. Once the rulemaking process begins, validators, oracles, RPC providers, and cloud service providers will have the opportunity to be explicitly excluded from the definition of “broker,” thereby eliminating the primary source of legal uncertainty in their business models.

2. For exchanges and wallet providers: Reduce compliance friction costs for non-custodial services

For publicly traded companies operating cryptocurrency trading platforms or self-custody wallets, their non-custodial interfaces have long existed in a regulatory gray area regarding whether such interfaces constitute brokerage activity. The rulemaking requested in the joint letter, if it clearly states that entities providing only software interfaces without holding customer private keys are not required to register as broker-dealers, would significantly reduce compliance costs and legal risks for these companies in the DeFi space. Currently, wallet products from multiple exchanges and third-party DeFi aggregation interfaces all face uncertainty over whether they must register with the SEC. The formal implementation of such rules would unlock quantifiable compliance capital for these business lines. Every week of delay in rulemaking means additional legal expenses and a valuation discount from investors due to perceived risks in non-custodial services.

3. Infrastructure Service Providers: The "No Registration" Benefits for Validators, Oracles, and Cloud Services

One of the most groundbreaking demands in the joint letter is to explicitly exclude validators, API and RPC providers, oracles, and cloud services from the definition of "broker." This means that under the final rule, companies operating Ethereum or Solana validator nodes, oracle node operators providing data feeds, and cloud service providers offering RPC endpoints for DeFi applications will not need to worry about being classified as broker-dealers simply for processing on-chain data or validating transactions. For technology infrastructure companies listed on Nasdaq or the New York Stock Exchange, this rule removes compliance barriers to offering node or cloud services to the crypto market. The formal adoption of this rule will foster a more predictable enterprise-grade DeFi infrastructure market.

Deep resonance between SEC policy shift and infrastructure demands: from "temporary allowance" to "permanent rules"

Yesterday’s joint letter builds upon the temporary statement previously issued by the SEC’s Division of Market and Trading, advancing the policy trajectory. While the temporary statement green-lit certain user interfaces, its fragility lies in the absence of supporting rulemaking documentation—any future SEC leadership could overturn it at any time. The deeper objective of the joint letter is to elevate this temporary “non-enforcement” stance into a formal regulation subjected to notice-and-comment procedures—not by altering the substance of the policy, but by strengthening its durability and defensibility. For validators, oracles, RPC providers, and non-custodial wallet services at exchanges, the initiation of a formal rulemaking process will be the most critical policy anchor for eliminating legal uncertainty in the second half of 2026; in contrast, the current temporary green light, reliant solely on the personal policy stance of the SEC Chair, remains vulnerable to future changes in the Commission’s composition.

Source:https://bbx.com/Cryptocurrency-related stock news database, compiled from yesterday’s global public company announcements and SEC/TSE disclosure filings.

Disclaimer: The information on this page may have been obtained from third parties and does not necessarily reflect the views or opinions of KuCoin. This content is provided for general informational purposes only, without any representation or warranty of any kind, nor shall it be construed as financial or investment advice. KuCoin shall not be liable for any errors or omissions, or for any outcomes resulting from the use of this information. Investments in digital assets can be risky. Please carefully evaluate the risks of a product and your risk tolerance based on your own financial circumstances. For more information, please refer to our Terms of Use and Risk Disclosure.