The United States Securities and Exchange Commission (SEC) is taking a significant shift in its stance on cryptocurrency regulation, moving away from the enforcement-heavy policies under former chair Gary Gensler. Current SEC Chair Paul Atkins has pledged that crypto businesses will now receive preliminary notices before any enforcement action is taken, a departure from the previous “regulation by enforcement” strategy.

A Move Away from Gensler’s Enforcement-First Tactics

Speaking in an interview with the Financial Times, Atkins emphasized that the SEC will no longer “bash down the door” of crypto firms over technical violations. Instead, companies will receive early notifications and time to respond before facing penalties.

This marks a sharp break from the approach of former chair Gary Gensler, who oversaw aggressive legal action against major players in the industry. During his leadership, the SEC filed lawsuits against:

  • Ripple Labs (2020)
  • Terraform Labs (2022)
  • Binance, Coinbase, and Kraken (2023)

These cases collectively cost crypto firms billions of dollars in legal fees, sparking backlash that the SEC was stifling innovation rather than providing clear regulatory guidance.

Calls for Precedent and Predictability

Atkins criticized Gensler’s tenure, saying prior enforcement decisions were “not grounded in precedent” and lacked predictability. He stated the SEC had been known to “shoot first and ask questions later”, leaving businesses uncertain about compliance expectations.

Under the new leadership, the SEC is aiming for a more structured process. Atkins noted that companies could expect up to six months of notice before enforcement actions, allowing them to address issues or correct violations in advance.

Clarifying the Status of Cryptocurrencies

Another critical area of departure is Atkins’ stance on whether cryptocurrencies should be classified as securities. Unlike Gensler, who argued most tokens fell under securities laws, Atkins suggested that “most tokens do not” qualify as securities.

Instead, he supports innovation in financial markets, particularly the trading of tokenized stocks and bonds that carry the same legal rights as their traditional counterparts. This stance could encourage greater adoption of blockchain-based financial products in the U.S. market.

Atkins’ confirmation as SEC chair in April, by a 52–44 Senate vote, has already reshaped the agency’s approach. Since then, the SEC has:

  • Created a Crypto Task Force to work with industry stakeholders.
  • Dropped several crypto-related investigations opened under the previous administration.

The crypto industry has long called for clear, consistent regulation rather than sudden legal actions. Atkins’ statements indicate that the SEC is moving toward a collaborative regulatory model, which may restore confidence among blockchain developers, exchanges, and institutional investors.

The SEC’s new leadership signals a more predictable and cooperative era for U.S. cryptocurrency regulation. By promising notices before enforcement and acknowledging that most tokens may not be securities, Paul Atkins is steering the agency toward regulatory clarity and innovation support.

If this approach holds, it could mark the beginning of a friendlier environment for crypto businesses in the U.S., encouraging growth, investment, and the responsible adoption of blockchain technology.

Disclaimer

This content is for informational purposes only and does not constitute financial, investment, or legal advice. Cryptocurrency trading involves risk and may result in financial loss.

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