In a surprising shift that could reshape crypto fundraising in the U.S., SEC Chair Paul Atkins stated on Tuesday that most Initial Coin Offerings (ICOs) should not be considered securities—and therefore should not fall under SEC regulation.
This marks a major reversal of previous regulatory positions, which since 2017 labeled nearly all ICOs as illegal, unregistered securities offerings.
“That’s what we want to encourage,” Atkins said at the Blockchain Association’s annual summit. “In our view, those kinds of offerings don’t fall under the definition of a security.”
Atkins Introduces New "Token Taxonomy"
Atkins based his comments on a classification framework he introduced last month. In it, he divides crypto tokens into four major categories:
🔹 Network tokens (used to operate decentralized blockchains)
🔹 Digital collectibles (like NFTs)
🔹 Utility tokens (such as memberships, tickets, or services)
🔹 Tokenized securities (digital representations of traditional stocks or financial assets)
According to Atkins, only the last category—tokenized securities—should be regulated by the SEC. The other three should fall outside the agency’s jurisdiction.
“Three of these areas fall under the CFTC’s oversight, not ours,” Atkins explained. “We’ll focus exclusively on tokenized securities.”
A Historic Pivot in Crypto Oversight
Atkins’ stance represents a dramatic shift from previous SEC leadership, which enforced the view that “almost everything is a security.” His more crypto-friendly approach could revive the ICO market in the U.S.
During Donald Trump’s first term, the SEC filed dozens of lawsuits against ICO issuers. But now, the SEC’s role in crypto oversight could be diminished, as most tokens may fall under the more lenient Commodity Futures Trading Commission (CFTC).
Some legal experts believe this move reflects a broader push in Congress to strengthen the CFTC’s role, aligning the U.S. more closely with crypto regulatory practices in the UK and parts of Asia.
What Tokens Would Be Exempt?
Under Atkins' framework, the following token types would not be treated as securities:
🔹 Tokens powering decentralized networks
🔹 Tokens tied to internet culture (memes, characters, events)
🔹 Tokens with practical use—such as access passes, tickets, or membership systems
Atkins also mentioned that the SEC’s “Project Crypto” initiative could support ICO development through exemptions and safe harbor rules.
Industry Moves Ahead—Coinbase Launches New ICO Platform
While the U.S. Senate continues to debate a broader crypto market structure bill, industry players aren’t waiting. Coinbase recently launched a new ICO platform after acquiring Echo for $375 million, giving U.S. retail investors access to newly created tokens.
Summary in a Minute:
🔹 SEC Chair Paul Atkins says most ICOs shouldn't be treated as securities
🔹 New token classification: only tokenized securities fall under SEC oversight
🔹 Could reignite the ICO boom and shift crypto authority to CFTC
🔹 Industry is responding: Coinbase launches U.S.-compliant ICO platform
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