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Lesson 3 · 1 min · Intermediate

Commodities, ETFs, and MiCA

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Commodities, ETFs & the turf war between US regulators

The CFTC treats Bitcoin and Ether as commodities and regulates derivatives on them. The SEC regulates securities and must approve ETFs that hold them. In 2024 the SEC approved spot Bitcoin and Ethereum ETFs, giving traditional investors exposure without self-custody; futures ETFs (which hold derivatives) had launched earlier. This split between agencies — and between asset classifications — is a defining feature of the US landscape. A January 2025 US executive order on digital assets signaled a friendlier federal posture, and the GENIUS Act (July 2025) became the first federal stablecoin law.

Who oversees what in the US

CFTC · commoditiesBitcoin, Etherderivatives on themSEC · securitiesapproves ETFsfutures ETF (earlier): holds futuresspot ETF (2024): holds the coinsexposure without self-custody
The CFTC treats Bitcoin and Ether as commodities and regulates the derivatives on them; the SEC approves the ETFs. A spot ETF holds the coins themselves, a futures ETF the derivatives.

MiCA and the EU framework

The EU’s Markets in Crypto-Assets (MiCA) regulation sets licensing and conduct rules for crypto-asset service providers across member states, with requirements around custody segregation, whitepapers, market abuse, and stablecoin reserves. MiCA is one of the most comprehensive crypto frameworks in force and is influencing policy elsewhere.

Educational only, not financial or legal advice.