Crypto Rules Could Become Hard to Reverse by 2028
Solana Policy Institute president Kristin Smith warns that US crypto rules finalized before summer 2028 could be difficult to reverse. Agency rulemaking typically takes 18 to 24 months, and the Congressional Review Act gives lawmakers a limited period to overturn new rules. Once that window closes—and businesses build around the framework—reversing crypto rules may become more disruptive.
Her warning comes after the Clarity Act failed to advance in the Senate on September 15, 2026, with a 49–50 vote, leaving the SEC and CFTC as the main venues for crypto policy. The agencies have already issued joint guidance classifying several digital assets, including Solana, as digital commodities rather than securities.
The Solana Policy Institute says it held more than 300 policymaker meetings in 2026. In a July 9 letter to the CFTC, it sought exemptions for non-custodial wallet software, rules for 24/7 compliance and recognition of blockchain recordkeeping. Traders will be watching for formal SEC and CFTC rulemaking, the CFTC’s response and renewed efforts in Congress. Durable rules could provide clarity, but unfavorable rules could also become entrenched.
Neutral
The news is primarily about the timing and durability of US crypto regulation, not an immediate policy change or market-moving enforcement action. The failed Clarity Act vote leaves the SEC and CFTC with greater influence, but Smith’s comments describe a possible regulatory path rather than finalized rules. That makes the direct short-term effect on prices and market stability uncertain and likely limited.
In the near term, traders may watch for formal rulemaking announcements, agency responses to industry proposals and renewed congressional action. Such developments could create volatility for US-facing crypto firms and assets perceived to be affected by securities or commodities rules. The article itself does not establish a clear catalyst for a broad market rally or sell-off.
Over the longer term, clear and workable rules could reduce regulatory uncertainty and support institutional participation. However, Smith’s central point cuts both ways: once rules are adopted and businesses build around them, unfavorable requirements may also become difficult to unwind. As with past US crypto policy debates, market reactions are likely to depend on the substance of proposed rules, their implementation timeline and whether Congress or regulators signal a more permissive or restrictive approach. Overall, the implications are mixed, supporting a neutral classification.