Blockchain Firms Push SEC for Staking Clarity Or, alternatively, if you’d like a more concise version: SEC Urged to Define Crypto Staking

The Push for Regulatory Clarity in Crypto Staking: A Turning Point for Blockchain Innovation

Introduction: The Staking Debate Heats Up

The U.S. blockchain industry is at a crossroads. As crypto staking becomes integral to securing decentralized networks, firms are locked in a high-stakes battle with regulators over how—or whether—to classify these activities under securities laws. Recent advocacy efforts, led by groups like the Crypto Council for Innovation (CCI), highlight a critical tension: Should staking be treated as a financial instrument or recognized as foundational technology?

Why Staking Matters to Blockchain’s Future

Staking allows users to lock cryptocurrencies to validate transactions on proof-of-stake (PoS) blockchains, earning rewards while maintaining network security. Unlike mining in proof-of-work (PoW) systems, which relies on computational power, staking emphasizes economic commitment. Proponents argue this shift reduces energy consumption and democratizes participation. However, the SEC’s historical stance has cast uncertainty. Under former Chair Gary Gensler, the agency targeted staking services through enforcement actions against Kraken and Coinbase, labeling them unregistered securities offerings. This approach forced platforms like Kraken to halt U.S. staking operations temporarily, chilling innovation and pushing developers offshore.

The Industry’s Case Against Securities Classification

In an April 2025 letter to the SEC’s crypto task force, CCI and nearly 30 allies outlined three core arguments:

  • Technical Service vs. Investment Contract: Stakers provide “valuable technical services” by validating transactions and securing networks—activities distinct from profit-sharing agreements typical of securities. Rewards stem from protocol-defined mechanics rather than managerial efforts.
  • Precedent Alignment: The SEC previously exempted PoW mining from securities regulation because it involves “protocol-defined outcomes.” The coalition asserts PoS deserves equal treatment since both mechanisms serve identical functions.
  • Consumer Protection Without Overreach: Clear guidelines could mitigate risks like slashing penalties or validator centralization without stifling growth.
  • Regulatory Winds Shift Under New Leadership

    The SEC’s posture has softened since leadership changes in 2024–2025 under Donald Trump’s administration:

    Dropped Lawsuits: Investigations into firms like Consensys were shelved as part of a broader pivot toward fostering blockchain development domestically.
    Kraken Relaunch: After paying $30 million in penalties under Gensler-era rules, Kraken resumed U.S.-facing staking services amid friendlier oversight.
    ETF Implications: Ethereum ETF applicants now navigate revised criteria that could permit indirect exposure to staked ETH rewards if regulations stabilize.

    This shift reflects growing political pressure to retain blockchain talent within U.S. borders rather than ceding ground to jurisdictions like Singapore or Dubai.

    Key Recommendations for Balanced Regulation

    Industry leaders propose frameworks prioritizing clarity while addressing risks:

    | Principle | Description | Example Implementation |
    |———–|————-|————————–|
    | Activity-Based Rules | Differentiate custodial vs non-custodial staking | Custodial providers register as brokers; self-stakers remain exempt |
    | Protocol Neutrality | Avoid favoring PoW over PoS | Apply consistent standards across consensus models |
    | Transparency Mandates | Disclose slashing risks/reward formulas | Standardized disclosures akin to mutual fund prospectuses |

    Such measures aim to align with existing financial regulations without imposing undue burdens on open-source protocols.

    Conclusion: Clarity as Catalyst for Web3 Growth

    The stakes extend beyond compliance paperwork—they shape whether decentralized networks can thrive alongside traditional finance systems. Globally competitive jurisdictions already offer sandboxes tailored specifically toward DeFi experimentation; unless matched domestically through nuanced policymaking, the U.S. will fall behind technologically and economically. Given how much value creation occurs around these ecosystems today, even absent clear rules governing them properly, the community-driven innovation inherent in blockchain technology offers the best hope. The path forward lies in collaboration rather than confrontation, moving together instead of being divided unnecessarily over semantics. Ultimately, the choices made today will determine the future of blockchain innovation and its impact on the global economy.

    資料來源:

    [1] cryptoslate.com

    [2] www.coindesk.com

    [3] www.sec.gov

    [4] cointelegraph.com

    [5] www.ccn.com

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