January 25th, 2026

The US Wants Crypto Innovation: So Why Is It Still Regulating with an Orange-Era Test?

The Howey test struggles to classify decentralized crypto networks and modern token designs.
Functional token utility should matter more than speculative trading expectations.

The United States financial regulatory landscape stands at a critical juncture. With the recent passage of key stablecoin legislation, the GENIUS Act in July 2025, and the ongoing, highly anticipated debate over comprehensive market structure bills like the CLARITY Act in early 2026, the nation is opening up to the crypto economy.

This momentum, coupled with a discernible shift in administrative posture from enforcement-heavy to innovation-friendly, signals a new era for digital assets.

Why the Howey Test No Longer Fits Crypto

The cornerstone of U.S. securities law, the 1946 Howey test, remains an anachronistic and ill-suited tool for the nuances of a rapidly evolving, often decentralized technological paradigm.

It is my firm opinion that relying solely on this decades-old precedent for a modern, multi-trillion-dollar global market is a fool’s errand that stifles innovation while failing to provide genuine investor protection. A new, crypto-centric framework is not just a regulatory desire; it is an economic necessity.

An Orange Grove Test Meets Decentralized Finance

The original Howey test, born from a dispute over orange groves in Florida, determines a security if there is an investment of money in a common enterprise with a reasonable expectation of profits derived solely from the efforts of others.

This framework, while flexible in its time, struggles to capture the essence of decentralized finance (DeFi), where the efforts of others are often distributed among countless, sometimes anonymous, participants, governed by immutable code rather than a central corporation.

The Securities and Exchange Commission (SEC) has attempted to modernize its application, most notably with 2025 guidance emphasizing the expectation of profit and issuer influence criteria. This still leaves a gaping chasm of uncertainty, particularly for projects aiming for true decentralization.

Legal Uncertainty and the Cost to Institutional Adoption

The current approach fosters an environment where an asset may be considered a security at launch but a commodity later. This legal gray area is what most institutional investors fear to tread, thus hindering mainstream adoption and keeping the U.S. from cementing its crypto capital status.

We need a bespoke instrument, a DeFi Howey, that provides the clear token taxonomy that regulators and builders alike desperately need. This new test must be built on the reality of distributed ledger technology (DLT), not shoehorned into an outdated agricultural precedent.

Toward a Crypto-Centric Regulatory Framework

Drawing on proposals such as Commissioner Hester Peirce’s safe harbor and the functional token taxonomy advanced by industry leaders, I propose a crypto-centric regulatory framework built around four core rules. The goal is to promote U.S. innovation while preserving investor protection.

Rule One: The Decentralization Threshold

A modern framework must establish a clear, verifiable standard for decentralization. Once a network or protocol meets this threshold, it should exit securities law oversight and fall under a commodity framework, likely overseen by the Commodity Futures Trading Commission (CFTC).

Rather than relying on vague claims of “no central party,” regulators should assess measurable factors such as token ownership dispersion, the number of independent validators, and the immutability of smart contracts.

For example, if no single entity, including the founding team, controls more than a defined share—such as 20%—of governance tokens or validation power, the project would qualify. This provides a predictable path from launch to decentralization, addressing one of the industry’s most persistent legal uncertainties.

Rule Two: Functional Utility Versus Speculative Intent

The framework should prioritize a token’s actual use within a live network over speculative expectations. Tokens that serve clear, consumptive purposes—such as paying network fees, accessing services, or participating in on-chain governance—should be treated differently from passive investment instruments.

This functional approach better reflects how crypto networks operate and reduces the risk of utility tokens being swept into securities litigation solely due to secondary-market trading behavior.

Rule Three: Transparency and On-Chain Disclosure

Investor protection should be achieved through standardized, on-chain disclosures rather than traditional prospectuses. Projects should provide machine-readable information on audits, token supply and distribution, governance structures, and material risks.

This “code is law, disclosure is compliance” model aligns with the transparency of public blockchains and builds on disclosure principles embedded in the CLARITY Act.

Rule Four: Intermediary Liability and Consumer Safeguards

Regulation should focus on centralized intermediaries where most retail users interact. The GENIUS Act sets a useful precedent through reserve requirements and AML obligations. Strong oversight of exchanges and service providers can protect consumers without constraining decentralized innovation.

A Narrow Window to Get Crypto Regulation Right

The U.S. is at a pivotal moment. The current legislative momentum offers a rare chance to get this right. By moving beyond the archaic limitations of the Howey test and embracing a bespoke, forward-thinking framework, we can provide the regulatory clarity the market craves, protect investors, and ensure America remains a global leader in the digital financial revolution.

Sticking to the old ways in a new world is a path to irrelevance, and that is a price the U.S. economy cannot afford to pay.

Source: https://www.financemagnates.com/cryptocurrency/the-us-wants-crypto-innovation-so-why-is-it-still-regulating-with-an-orange-era-test/

Anndy Lian

Anndy Lian is an early blockchain adopter and experienced serial entrepreneur who is known for his work in the government sector. He is a best selling book author- “NFT: From Zero to Hero” and “Blockchain Revolution 2030”.

Currently, he is appointed as the Chief Digital Advisor at Mongolia Productivity Organization, championing national digitization. Prior to his current appointments, he was the Chairman of BigONE Exchange, a global top 30 ranked crypto spot exchange and was also the Advisory Board Member for Hyundai DAC, the blockchain arm of South Korea’s largest car manufacturer Hyundai Motor Group. Lian played a pivotal role as the Blockchain Advisor for Asian Productivity Organisation (APO), an intergovernmental organization committed to improving productivity in the Asia-Pacific region.

An avid supporter of incubating start-ups, Anndy has also been a private investor for the past eight years. With a growth investment mindset, Anndy strategically demonstrates this in the companies he chooses to be involved with. He believes that what he is doing through blockchain technology currently will revolutionise and redefine traditional businesses. He also believes that the blockchain industry has to be “redecentralised”.

www.anndy.com

j j j

January 23rd, 2026

Crypto in the danger zone: Technical weakness, low volume, and a critical support test

January 22 delivered a compelling narrative of a global financial landscape in flux, where traditional equities soared on the wings of diplomatic optimism while the volatile realm of digital assets cooled significantly. The day was marked by a second consecutive session of gains for major US stock indices, a direct consequence of easing geopolitical tensions and a corresponding retreat of the US dollar. This confluence of factors painted a complex picture for investors everywhere, highlighting a clear rotation of capital back into regional markets and safe-haven commodities.

My view is that these events highlight a fragile market sentiment, heavily influenced by headline news and the immediate unwinding of risk positions. The market’s sharp positive reaction to President Trump’s reported “framework” deal over Greenland, which ostensibly cooled global tensions and averted a looming trade war with new European tariffs, reveals a nervous system quick to price in relief. This optimism was evident in the performance of the S&P 500, which advanced 0.55 per cent to close at 6,913.35, the Dow Jones Industrial Average, which rose 0.63 per cent (306.78 points) to 49,384.01, and the Nasdaq Composite, which gained 0.91 per cent to settle at 23,436.02. This movement was not without specific stock stories, as tech giants such as Nvidia, Microsoft, and Meta Platforms all ended higher, and Intel shares rose slightly ahead of their quarterly results. Conversely, Abbott Laboratories shares fell sharply, reminding us that company-specific fundamentals, such as the impact of higher prices on sales growth, always matter, even amid broader market rallies.

The easing of global tensions also had a palpable effect on commodities and currencies. The US dollar index was 0.5 per cent lower at 98.30, marking its biggest single-day fall in a month. This decline acted as a potent catalyst for gold, the traditional safe-haven metal, which soared to an all-time high, climbing above US$4,960 an ounce in the spot market. It is a classic market reaction: a weakening dollar and reduced global risk perception often see a surge in the appeal of the yellow metal. Concurrently, WTI crude futures fell below US$60 a barrel, declining more than two per cent to US$59.35, as the geopolitical risk premium that often elevates oil prices evaporated with news of the diplomatic breakthrough. The bond market remained relatively stable throughout, with the 10-year Treasury yield at approximately 4.25 per cent, little changed from the previous day’s close.

However, a different, more cautious mood permeated the digital asset ecosystem. While traditional assets rallied, the crypto market fell 0.64 per cent over the last 24 hours, extending a seven-day decline of 6.5 per cent. This divergence suggests a distinct risk-off environment within the crypto space, driven by specific structural concerns rather than immediate global headlines. My take is that the crypto market is currently grappling with a crisis of conviction, primarily stemming from large institutional players. The data is clear: spot Bitcoin ETFs recorded US$1.58 billion in net outflows this week, a powerful signal of institutional profit taking and reduced exposure. This consistent selling pressure is outweighing retail buying, creating a market that lacks a necessary institutional bid to support prices.

The lack of institutional support is compounded by a significant plunge in trading activity. Total 24-hour trading volume fell 32.8 per cent to US$98.43 billion, with derivatives volume down 37 per cent. This sharp drop indicates low trader conviction and reduced liquidity, making prices prone to slippage even on modest sell orders. In thin markets, downward moves are often amplified. Technically, the market is testing a critical support level at the 78.6 per cent Fibonacci retracement level of US$3.01 trillion global market cap. The RSI sits at 43.74, neutral but weak. The conclusion I draw is that this is not a broad market panic but a targeted period of consolidation rooted in institutional caution and evaporating volumes.

For holders, the immediate future hinges on whether these ETF outflows persist and if that crucial US$3.01 trillion support level can hold firm over the next 48 hours. The contrasting performance of traditional and digital markets on this day provides a fascinating study of how different asset classes react to unique combinations of macro and microeconomic pressures.

Source: https://e27.co/crypto-in-the-danger-zone-technical-weakness-low-volume-and-a-critical-support-test-20260123/

Anndy Lian

www.anndy.com

j j j

January 14th, 2026

Crypto rallies 4.5 per cent amid stock sell-off: Smart money is moving fast

Markets on January 13 and 14, 2026, signal a divergence between traditional finance and digital assets. In the United States, equities retreated as investors weighed mixed signals from inflation data and the opening salvos of earnings season. The Dow Jones Industrial Average dropped nearly 400 points, while the S&P 500 and Nasdaq Composite posted smaller but still notable declines. Financial stocks led the decline after JPMorgan Chase missed expectations on investment banking fees, underscoring how even modest disappointments can ripple through a market already cautious about the sustainability of growth.

Meanwhile, across the Pacific, Asian markets painted a more optimistic picture. Japan’s Nikkei 225 surged 0.9 per cent to breach the 54,000 mark for the first time in history, propelled by a weakening yen that slid past 159 per dollar and speculation around a potential snap election. Elsewhere in Asia, gains were modest but consistent, reflecting regional confidence that contrasts with Wall Street’s hesitation.

Commodities and currencies mirrored this tension between caution and opportunity. Gold pulled back slightly from its record high of US$4,644 an ounce to settle at US$4,590, suggesting that while safe-haven demand remains elevated, some investors are rotating into riskier assets. Crude oil rose 2.5 per cent to US$61 per barrel amid geopolitical tensions over potential US tariffs targeting nations trading with Iran. This shows that energy markets remain sensitive to policy-driven uncertainty. Currency markets showed similar stress, with the yen continuing its slide while the euro held steady near US$1.1645.

From my perspective, what stands out is not only the divergence between US and Asian equity performance but also the concurrent surge in crypto markets. Bitcoin reclaimed US$95,000, triggering a cascade of algorithmic buying and liquidating US$62 million in short positions within 24 hours. This move was not speculative noise. It was structurally reinforced by institutional momentum. Morgan Stanley’s filing for Bitcoin, Ethereum, and Solana ETFs marks a pivotal expansion of regulated crypto access, following Grayscale’s own exploratory filings and bolstered by pro-crypto political rhetoric. The numbers speak clearly: US$571 million flowed into Bitcoin ETFs this week, while Ethereum attracted US$1.24 billion. These are not marginal bets. They represent deep conviction from traditional finance players.

The technical breakout in Bitcoin coincided with a sharp spike in funding rates, up 87 per cent in one day, as leveraged traders scrambled to cover shorts after the price pierced the US$94,500 Fibonacci resistance. Open interest fell by nearly 10 per cent, indicating a wave of deleveraging rather than a new speculative buildup. That distinction matters. It suggests the rally has a foundation beyond hype. It reflects both institutional validation and a clearing of excessive bearish positioning.

Caution remains warranted. While cooler-than-expected US CPI data offered relief, bond markets still price in no Federal Reserve rate cuts until mid-2026. China’s consumer prices rose 0.8 per cent year-over-year, the fastest since early 2023, even as producer prices stayed deflationary, hinting at fragile domestic demand. These macro crosscurrents mean that while crypto enjoys a moment of strength, it does so against a backdrop where traditional markets are still searching for clarity.

In conclusion, January 14 presents a world in which legacy markets tread carefully amid earnings scrutiny and geopolitical friction, while digital assets surge amid institutional adoption and technical triggers. The real test will come in whether Bitcoin can hold above US$94,000 without immediate profit-taking. If it does, this rally may signal more than a short-term bounce. It could mark the beginning of a new phase in which crypto operates not as a fringe asset but as a core component of diversified portfolios.

Source: https://e27.co/crypto-rallies-4-5-per-cent-amid-stock-sell-off-smart-money-is-moving-fast-20260114/