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Why the ‘All Tokens Are Securities’ Doctrine Is Wrong And What the CLARITY Act Gets Right

Why the ‘All Tokens Are Securities’ Doctrine Is Wrong And What the CLARITY Act Gets Right

The question of whether all digital tokens are securities by default has become the defining regulatory battleground of the modern financial era. For years, the United States Securities and Exchange Commission (SEC) has operated under an implicit assumption that most crypto assets fall under its jurisdiction, utilizing an enforcement-by-regulation strategy that has created profound uncertainty for innovators.

However, a closer examination of proposed legislative frameworks, such as the CLARITY Act, suggests that the answer is a definitive no. Not all tokens are securities by default, and there are structured, legal pathways to navigate this classification through decentralization and functional utility.

The current jurisdictional ambiguity not only delays regulatory clarity but risks creating fragmented oversight that innovators cannot practically navigate. To understand the future of digital assets, one must analyze the distinctions between digital commodities, investment contract assets, and stablecoins, as these categories provide the blueprint for a sustainable regulatory environment.

The core of the issue lies in the misapplication of traditional securities laws to transformative technology. Under the proposed CLARITY Act, a clear distinction is drawn between assets that function as utilities within a blockchain system and those sold primarily for capital raising. The Act defines a digital commodity as a digital asset intrinsically linked to a blockchain system, where the value is directly related to the functionality or operation of that system. This includes use cases such as payments, governance, access to services, or incentives for network validation.

By explicitly excluding securities, derivatives, and stablecoins from this definition, the legislation acknowledges that a token used to pay for transaction fees on a decentralized network is fundamentally different from a stock representing ownership in a company. This categorization is critical because it removes the blanket assumption that every digital asset is an investment contract subject to the rigorous registration requirements of the SEC.

The reality is delicate. The Act acknowledges that some tokens do begin their lifecycle as securities. This is addressed through the category of Investment Contract Assets. Under the Act, an investment contract asset is essentially a digital commodity that is sold or transferred pursuant to an investment contract, such as during an initial coin offering intended for capital raising. In this specific context, the asset is treated as a security and subject to SEC jurisdiction. This aligns with the traditional Howey Test, which evaluates whether there is an investment of money in a common enterprise with a reasonable expectation of profits derived from the efforts of others.

The crucial distinction provided by the Act, however, is that this designation is temporary. The investment contract asset designation applies only during the capital-raising phase. If and when the digital asset is resold or transferred by a person other than the issuer in a secondary market transaction, it no longer bears status as a security. This provides a viable way around the default security classification, allowing assets to mature into digital commodities once they are sufficiently decentralized and traded openly.

The concept of maturity is perhaps the most significant innovation in this regulatory framework. The Act provides a process by which an issuer or a decentralized governance system can certify that a blockchain system is mature, thereby removing the security classification permanently.

To qualify as mature, the blockchain system must be functional for executing transactions, composed of open-source code, operate upon transparent rules, and not be subject to the control of a single person or group. Specifically, no single entity should hold twenty percent or more of the tokens. This criterion is essential because it targets the root of the security classification: the reliance on a central promoter.

Once a network is decentralized enough that no single group controls its fate, the expectation of profit from the efforts of others diminishes, and the asset functions more like a commodity than a security. This offers a clear roadmap for projects to transition out of securities laws, rewarding genuine decentralization rather than punishing it.

Jurisdictional clarity is equally vital to the health of the ecosystem. The CLARITY Act proposes a logical division of labor between regulatory bodies. It would grant the Commodity Futures Trading Commission (CFTC) exclusive jurisdiction over anti-fraud and anti-manipulation enforcement in digital commodities, including spot transactions. This is a significant shift, as the CFTC has historically regulated commodity markets with a focus on market integrity rather than disclosure regimes suited for corporate equities.

Conversely, the SEC would maintain exclusive jurisdiction over issuers and issuances of investment contract assets. This split recognizes that while the initial sale of a token may resemble a securities offering, the subsequent trading of a functional network token resembles commodity trading. Furthermore, permitted payment stablecoins would fall under the supervisory authority of banking regulators, ensuring that assets designed for payment stability are backed by appropriate reserves and oversight. This tripartite system prevents the regulatory overreach where one agency attempts to fit square pegs into round holes.

The regulation of intermediaries under this framework also offers a balanced approach to consumer protection and market access. The Act mandates that intermediaries handling digital commodities register with the CFTC, while those dealing in investment contract assets register with the SEC. Crucially, it requires exchanges to segregate customer funds and ensure they are held by qualified digital asset custodians. This addresses one of the primary risks highlighted by recent industry collapses, where commingling of funds led to catastrophic losses for consumers.

Additionally, the Act prevents the SEC from barring trading platforms from exemption eligibility solely due to their inclusion of digital assets alongside securities. This provision is vital for the survival of multi-asset platforms that facilitate the broader adoption of digital finance. By modernizing recordkeeping requirements to allow for blockchain-based books and records, the Act also acknowledges the technological reality of the assets being regulated, reducing compliance burdens without sacrificing oversight.

From a personal perspective, the current state of regulatory ambiguity is restricting American innovation. When developers cannot determine whether their code will be deemed a security years after deployment, capital flees to jurisdictions with clearer rules. The data supports the need for clarity; during periods of intense regulatory uncertainty, development activity and market capitalization often stagnate or migrate offshore.

The CLARITY Act’s approach supports the argument that regulation should be based on the economic reality of the asset at the time of transaction, not a static label applied indefinitely. By allowing assets to transition from securities to commodities upon achieving maturity, the law incentivizes the development of truly decentralized networks. This is not a loophole but a recognition of technological evolution. The requirement for open-source code and transparent rules ensures that this transition is earned through verifiable decentralization, not marketing gimmicks.

In conclusion, the assertion that all tokens are securities by default is legally untenable and economically damaging. The provided framework of the CLARITY Act demonstrates that there are clear, structured ways to navigate security classifications through functional utility and decentralization.

By distinguishing between digital commodities, investment contract assets, and stablecoins, regulators can protect investors without crushing innovation. The temporary nature of the security classification for investment contract assets, contingent upon the maturity of the underlying blockchain, offers a pragmatic solution to the Howey Test’s limitations in the digital age.

Furthermore, assigning jurisdiction based on asset type rather than a blanket claim of authority ensures that expertise is matched to oversight. The path forward requires Congress to codify these distinctions, ending the era of enforcement by litigation. Only then can the United States foster a digital asset ecosystem that balances consumer protection with the freedom to innovate, ensuring that the next generation of financial technology is built on shore rather than abroad.

 

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

Fear and greed at 28: Why traders are fleeing crypto right now

Fear and greed at 28: Why traders are fleeing crypto right now
Most regional indices closed lower, weighed down by anxieties over US technology earnings and the looming announcement of President Donald Trump’s nominee for Federal Reserve chair. While Japan’s Nikkei 225 managed to stay slightly in positive territory amid choppy trading, Hong Kong and mainland Chinese benchmarks retreated, ending what had otherwise been a strong monthly rally. The divergence in performance underscored the growing sensitivity of global markets to both domestic policy signals and external shocks.
At the heart of the day’s market dynamics lay two dominant narratives:
  • First, concerns mounted over whether the massive artificial intelligence investments made by US tech giants would translate into tangible returns. Mixed earnings reports from major firms failed to reassure investors, casting doubt on the sustainability of the AI-driven valuation surge that has powered equity markets in recent quarters.
  • Second, anticipation built around the imminent nomination of the next Federal Reserve chair. With interest rate policy hanging in the balance, traders braced for potential shifts in monetary direction under a new leadership aligned with the Trump administration’s economic priorities. These dual uncertainties created a risk-averse backdrop across Asia.
This aversion to risk extended beyond equities into currencies and commodities. The US dollar strengthened as a traditional safe haven, while gold, typically a refuge during geopolitical stress, unexpectedly declined. This unusual move signalled that capital was not rotating into traditional hedges but instead retreating broadly from speculative exposure. Notably, Indian markets bucked the regional trend. The Sensex closed at 82,566.37 and the Nifty at 25,418.90, lifted by domestic optimism ahead of the Union Budget. India’s relative insulation highlighted how localised fiscal expectations can temporarily override global headwinds.
Meanwhile, the cryptocurrency market experienced a sharp contraction, shedding 6.82 per cent in 24 hours to settle at a $2.78 trillion valuation. This decline did not stem from internal protocol failures or regulatory crackdowns but from a cascading geopolitical risk-off event. Specifically, President Trump’s explicit threat of military strikes against Iran triggered a broad flight from all assets perceived as risky.
In this environment, crypto behaved not as a decentralised hedge but as a correlated risk asset, moving in near lockstep with equities and commodities. The correlation between crypto and gold reached an unusually high 88 per cent, confirming that macro forces, not blockchain fundamentals, were driving price action.
The primary catalyst was clear. Escalating US-Iran tensions injected acute uncertainty into financial markets. Investors, fearing broader conflict and potential oil supply disruptions, reduced exposure across the board. Crypto, despite its narrative as a non-sovereign store of value, proved vulnerable to the same macro fears affecting traditional markets. This moment laid bare a critical reality. In times of acute geopolitical stress, crypto still trades as part of the risk spectrum rather than outside it.
Compounding the sell-off was a violent unwinding of leverage. Over US$363 million in Bitcoin long positions were liquidated within 24 hours, a 175 per cent increase from baseline levels. This forced selling created a negative feedback loop. Falling prices triggered more margin calls, which accelerated the decline further.
Market sentiment deteriorated rapidly, with the 

Fear and Greed Index plunging to 28, deep into fear territory. Funding rates turned negative, averaging -0.00215 per cent, indicating that short sellers now dominated the derivatives market and were effectively being paid to maintain bearish positions. Open interest stood at US$608 billion, but its stability remained precarious as longs continued to exit.
Looking ahead, the market faces a pivotal juncture. Technically, the US$2.79 trillion level serves as a crucial support pivot. Holding this zone could allow for stabilisation if geopolitical tensions ease. A decisive break below opens the path toward the yearly low of US$2.42 trillion, particularly if institutional demand continues to wane. Bitcoin ETF flows on January 30 will offer a telling signal. Sustained outflows would confirm that even large players are adopting a defensive stance, reinforcing downward pressure.
This episode underscores a recurring theme in crypto’s maturation. Its increasing integration into the global macro framework means it no longer operates in a vacuum. Instead, it responds to the same geopolitical tremors, monetary policy shifts, and risk sentiment swings that govern equities and commodities. The notion of crypto as a crisis hedge remains aspirational unless it can decouple during true black-swan events, a test it has yet to pass convincingly.
Moreover, the role of leverage cannot be overstated. The US$363 million liquidation wave reveals how fragile market structure can amplify external shocks. While decentralisation promises resilience, the reality is that centralised exchanges, derivative platforms, and leveraged traders create systemic vulnerabilities that mirror traditional finance. Until these structural imbalances are addressed, crypto will remain susceptible to cascading sell-offs driven by macro panic.
In conclusion, January 30, 2026, marked another chapter in crypto’s evolution from fringe experiment to integrated financial asset, one that shares the burdens and behaviours of the broader market. The path forward hinges not on code or consensus alone, but on the unpredictable currents of global politics and investor psychology.
Whether this moment becomes a temporary dip or the start of a deeper correction depends on de-escalation, institutional resolve, and the market’s ability to hold its psychological and technical supports. Until then, crypto remains tethered to the world it once sought to transcend.

 

Source: https://e27.co/fear-and-greed-at-28-why-traders-are-fleeing-crypto-right-now-20260130/

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

Crypto bleeds and Wall Street collapses as 0.9 PPI shock triggers Fed panic right now

Crypto bleeds and Wall Street collapses as 0.9 PPI shock triggers Fed panic right now

Markets reacted with caution yesterday as an unexpected surge in the US Producer Price Index for July rattled investors and reignited concerns over persistent inflation. The PPI climbed 0.9 per cent month-over-month, far exceeding the consensus forecast of 0.2 per cent, and pushed the annual rate to 3.3 per cent.

Analysts attribute this jump largely to businesses beginning to pass on higher import costs from recent tariffs imposed by the Trump administration. Core PPI, which strips out volatile food and energy components, also rose sharply by 0.9 per cent, lifting its yearly figure to 3.7 per cent, the highest since March.

This data suggests inflationary pressures are broadening beyond consumer goods, potentially complicating the Federal Reserve’s path to easing monetary policy. The Bureau of Labour Statistics highlighted significant increases in produce prices and services, underscoring how trade policies are filtering through the supply chain. This development highlights the double-edged sword of protectionist measures.

While tariffs aim to bolster domestic industries, they often translate into higher costs for businesses and ultimately consumers, fuelling inflation at a time when the economy is already navigating post-pandemic recovery challenges. I believe this could force the Fed into a more measured approach, balancing growth risks against the spectre of resurgent price pressures.

Treasury Secretary Scott Bessent added to the market’s uncertainty with his clarification on recent remarks about interest rates. On Wednesday, Bessent had suggested that short-term rates might need to drop by 150 to 175 basis points to reach a neutral level, sparking speculation about aggressive Fed action.

However, he emphasised yesterday that he was not advocating for a specific 50 basis point cut in September, instead pointing to economic models that indicate current rates are too restrictive. Bessent reiterated that his comments were observational, not prescriptive, telling interviewers that the Fed should consider a gradual reduction, perhaps starting with 25 basis points before accelerating if needed.

This backpedaling came amid criticism that the administration was pressuring the independent central bank, a recurring theme under President Trump. Market-implied odds for a September rate cut, as tracked by CME Group’s FedWatch tool, adjusted back to around 90 per cent following Bessent’s statements, aligning with levels seen before Tuesday’s milder CPI release.

Prior to the PPI data, odds had briefly surged toward certainty for a cut, but the hotter wholesale inflation figures tempered enthusiasm, with swaps now pricing in about a 96 per cent chance of at least a quarter-point reduction. From my perspective, Bessent’s interventions, while data-driven, risk undermining Fed credibility.

In an era of heightened political influence on economic policy, such public commentary could erode investor confidence, especially if it leads to perceptions of policy interference. I think the Fed will proceed cautiously, prioritising data over rhetoric, but this episode underscores the tense interplay between fiscal and monetary authorities in 2025.

Equity markets felt the brunt of this mixed sentiment, with Wall Street’s recent rally stalling as major indices closed essentially flat. The S&P 500, NASDAQ, and Dow Jones all hovered near unchanged, reflecting a tug-of-war between optimism over potential rate relief and worries about inflation’s resurgence. Investors appeared to shrug off the PPI surprise initially, but as the day progressed, profit-taking emerged, particularly in tech-heavy sectors sensitive to higher yields.

Bond markets, however, reacted more decisively, with short-term US Treasury yields climbing sharply. The two-year yield rose six basis points to 3.73 per cent, while the benchmark 10-year yield settled near 4.29 per cent. This inversion in the yield curve’s movement signals renewed bets on a less dovish Fed, as traders anticipate fewer or smaller cuts if inflation proves stickier than expected.

In Asia, the Hang Seng and CSI 300 indices surrendered early gains to finish down 0.37 per cent and 0.08 per cent respectively, as regional investors locked in profits from the prior rally. Today’s early trading sessions opened mixed, with some indices edging higher on hopes of global stimulus, while US equity futures pointed to a similarly uneven start.

My take here is that this sideways trading masks underlying fragility. With tariffs amplifying cost pressures, equities could face headwinds if corporate earnings begin to reflect squeezed margins. I remain cautiously optimistic for tech and growth stocks, but only if the Fed delivers on easing without stoking further inflation.

The US dollar capitalised on the higher yields, rebounding 0.4 per cent on the Dollar Index to recoup recent losses. This strength pressured commodities, with gold dipping 0.6 per cent to close at US$3,336 per ounce, as a firmer dollar and elevated rates diminished its appeal as a non-yielding asset. Oil prices, conversely, bucked the trend, advancing 1.8 per cent to around US$67 per barrel.

This uptick stemmed from dim prospects for a breakthrough at tomorrow’s US-Russia summit in Alaska, where Presidents Trump and Putin are set to discuss energy cooperation, sanctions, and geopolitical tensions. Officials from both sides have downplayed expectations, with Trump warning of potential consequences for Russian oil exports if agreements falter. Harsher sanctions could disrupt supplies, pushing Brent crude above US$80 if tensions escalate.

The summit, hosted at Joint Base Elmendorf-Richardson in Anchorage, marks a high-stakes diplomatic effort amid ongoing conflicts, but low hopes have traders positioning for volatility. In my opinion, oil’s resilience here is telling. Geopolitical risks often trump economic data in driving energy prices, and with Russia’s role as a major exporter, any summit fallout could exacerbate global supply strains. This as a reminder that energy markets remain vulnerable to non-economic factors, potentially offsetting any demand slowdown from higher rates.

Amid this macro turbulence, the cryptocurrency market presented a contrasting narrative, with Bitcoin demonstrating remarkable strength. The flagship digital asset surged past US$124,000 overnight before retreating to approximately US$120,991 early Thursday, still marking a 0.6 per cent gain over the past 24 hours. This move initially rode bets on Fed rate cuts fueling risk assets, but momentum waned post-PPI, as inflation doubts clouded the easing outlook.

A key on-chain indicator, Bitcoin’s realised price, has overtaken its 200-week moving average for the first time this cycle, a crossover not seen since 2020. The realised price, calculated as the realised capitalisation divided by total supply, represents the average cost basis of all Bitcoin holders, essentially the price at which coins last moved on-chain. Currently, this metric stands above the 200-week MA, which averages Bitcoin’s closing prices over roughly four years to gauge long-term cycle trends.

Historical data shows this flip coincided with the onset of the 2021 bull run, maintaining the orientation until 2022’s downturn. In the 2017 cycle, while no full crossover occurred, a retest propelled prices higher. Analysts like those at Mitrade and AInvest note that when realised price stays above the 200-WMA, bull markets tend to extend, signalling sustained holder profitability and reduced selling pressure.

This crossover, shared by analyst Van Straten via charts spanning the past decade, illustrates how Bitcoin’s uptrend has naturally elevated the realised price as investors transact at higher levels, repricing their cost bases upward. The graph reveals a clear pattern: the metric’s surge above the MA often heralds prolonged uptrends, as it indicates the average investor is in profit, discouraging mass capitulation. In 2020, the timing aligned perfectly with the bull market’s ignition, driven by institutional adoption and stimulus. Even in 2017, where realised price never dipped below, a touchpoint sparked explosive growth.

Recent X posts echo this bullish sentiment, highlighting the three-year milestone and historical precedents for extended rallies. From my standpoint, this technical milestone is profoundly significant. In a market still tethered to macro events, Bitcoin’s on-chain resilience suggests it’s maturing as an asset class, less swayed by short-term inflation blips and more by network fundamentals. I predict this could propel BTC toward US$200,000 by year-end, especially if rate cuts materialise, drawing in sidelined capital.

Altcoins, however, bore the inflation hit more acutely, underscoring crypto’s internal divergences. Ether fell 2.3 per cent to US$4,577, Solana dropped 2.9 per cent, XRP slid 5.1 per cent, and Dogecoin tumbled 7.7 per cent. These riskier tokens, often amplified versions of Bitcoin’s moves, suffered as sentiment shifted toward caution, with traders scrutinising every economic release ahead of the Fed’s September decision.

If rates remain elevated longer, the upside case for ETH and SOL dims, as higher borrowing costs curb speculative flows into DeFi and memecoins. Yet, Bitcoin’s dominance in such environments typically rises, as seen in past cycles. While altcoins face near-term murkiness, the broader crypto ecosystem benefits from Bitcoin’s leadership. Innovations like layer-2 scaling on Ethereum could mitigate downside, but patience is key until macro clarity emerges.

Overall, yesterday’s developments paint a picture of a global economy at a crossroads, where inflation’s stubbornness clashes with easing hopes, and geopolitical wildcards like the Alaska summit loom large. In crypto, Bitcoin’s realised price crossover stands as a beacon of bullish potential, backed by historical patterns and on-chain data. Drawing from financial analyses, I see this as the start of an uptrend that could define the cycle.

Investors should monitor Fed signals closely, but in my estimation, the confluence of technical strength and potential policy shifts positions digital assets for outperformance, even as traditional markets grapple with uncertainty. This dynamic reinforces my belief in crypto’s role as a hedge against fiat volatility, urging diversified portfolios in these turbulent times.

 

 

Source: https://e27.co/crypto-bleeds-and-wall-street-collapses-as-0-9-ppi-shock-triggers-fed-panic-right-now-20250815/

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