SEC’s “Crypto Mom” Signals Immediate Crypto Guidance Without Congress

Hester Peirce, known as “Crypto Mom,” said the U.S. Securities and Exchange Commission (SEC) will issue crypto guidance under its existing authority instead of waiting for Congress to pass new laws. Since January, SEC staff have been clarifying how current securities laws apply to tokens, on-chain trading, custody services, and exchanges. This initiative is part of Project Crypto, launched by former Chair Paul Atkins to modernize regulatory rules for digital assets. Peirce noted that SEC teams are meeting with industry stakeholders to develop practical administrative guidance and avoid conflicting interpretations. A draft Senate bill on crypto jurisdiction has drawn pushback—Ripple and others worry it could extend SEC reach. Peirce stressed readiness to collaborate with both the Senate and House and highlighted ongoing coordination with the Commodity Futures Trading Commission (CFTC) to delineate agency roles. Crypto firms should map their products to existing securities tests and prepare documentation for potential staff inquiries. While crypto guidance from the SEC could speed clarity for token issuers and trading platforms, enforcement powers remain active. This two-track approach—administrative guidance and possible legislation—offers earlier insight but leaves enforcement risk and the final SEC-CFTC power split unresolved.