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4 Aug 2026 Last logged Bybit Cold Wallet Compromise, February 2025
News · · 1 min read · 138 words

CLARITY Act Would Split SEC and CFTC Jurisdiction. It Has Not Passed.

The CLARITY Act proposes a statutory division of authority between the SEC and CFTC. Coverage frequently describes it as settled. It is not.

Conisec Staff
Written by Conisec Staff Editorial standards Newsroom
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Editorial illustration: an unfinished archway with its keystone suspended above the gap, not yet placed.
Editorial illustration: an unfinished archway with its keystone suspended above the gap, not yet placed.

Why we are running a story about something that has not happened

Because a substantial amount of coverage describes the CLARITY Act in the present tense, and firms make decisions on that basis. A proposed statutory split between the SEC and CFTC is materially different from an enacted one, and the difference is the entire compliance question.

What is actually operative today

The joint SEC–CFTC interpretation issued in March 2026, following a memorandum of understanding between the agencies. That is coordination between two regulators about how existing law applies. It is not a redrawing of jurisdiction, and it can be revisited without Congress.

The check

Congress.gov carries the authoritative status of any federal bill: introduced, reported, passed one chamber, enacted. It takes under a minute and it is the difference between reporting a law and reporting a proposal.

Sources

  1. The Block, 2026 Crypto Regulation Outlook (1 Jan 2026)
  2. Latham & Watkins, US Crypto Policy Tracker (1 Jul 2026)

Not advice. Conisec reports for information only. Nothing in this article is financial, legal, tax or security advice. Verify against the primary sources linked above before acting on anything.

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