A second topic, derivative of the first, is looking at how regulation will evolve in the U.S. to the extent that a token falls outside of the securities laws. Platforms that facilitate the trade of digital commodities are currently subject to a patchwork of state regulation that largely treats the exchange of virtual currencies as money transmission (although some states, such as New York, have tailored specific crypto-regimes). With the exception of FinCEN registration, there is no coherent federal framework that provides oversight of a digital commodity exchange (also known as the cash, spot, or underlying market). While the CFTC may have backward-looking fraud and manipulation enforcement jurisdiction, this is not a federal framework to oversee spot digital commodity trading as with securities, or futures and derivatives markets.
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