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Part 3/14:

The legislation introduces a clear delineation of jurisdiction between the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) based on the “maturity test.” When a blockchain project reaches a point where no single entity controls 20% or more of its tokens—either in supply or governance—it transitions from being classified as an investment contract under the SEC to a digital commodity under the CFTC. This lifecyle framework provides much-needed clarity for tokens, charting a path for the industry to operate legally rather than through enforcement actions that have toppled projects like Kraken’s staking program and embroiled Coinbase in legal battles.

Political Obstacles and the Ethics Conundrum

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