Close Menu
  • Coins
    • Bitcoin
    • Ethereum
    • Altcoins
    • NFT
  • Blockchain
  • DeFi
  • Metaverse
  • Regulation
  • Other
    • Exchanges
    • ICO
    • GameFi
    • Mining
    • Legal
  • MarketCap
What's Hot

The Amount of ETH Locked on the Ethereum Network Reaches All-Time High! Here’s All the Data

05/08/2026

Hut 8 price target hiked to $165 at Benchmark as AI pivot reshapes valuation

05/08/2026

Crypto Founder Reveals Two Key Moves That Could Push ADA Beyond $5

05/08/2026
Facebook X (Twitter) Instagram
  • Back to NBTC homepage
  • Privacy Policy
  • Contact
X (Twitter) Telegram Facebook LinkedIn RSS
NBTC News
  • Coins
    1. Bitcoin
    2. Ethereum
    3. Altcoins
    4. NFT
    5. View All

    Schiff Calls Out Bad Math in Strategy’s Bitcoin Plan

    05/08/2026

    Bitcoin Futures hit $800T as whales pile in – Is demand for BTC back?

    05/08/2026

    Bitcoin rallies after Japan rate increase with XLM, INJ, UNI advancing

    05/08/2026

    Why BlackRock Is Building Beyond Bitcoin ETFs?

    05/08/2026

    The Amount of ETH Locked on the Ethereum Network Reaches All-Time High! Here’s All the Data

    05/08/2026

    BlackRock’s Spot Ethereum ETF ETHA Announces 1-for-3 Reverse Split Scheduled for Oct. 6

    05/08/2026

    Ethereum Crypto Stalls at $1,872 as Extreme Fear Offsets a DEX Fee Surge

    05/08/2026

    Can Ethereum Price Surpass $2,000? EIP-8361 Discussions Continue

    05/08/2026

    Crypto Founder Reveals Two Key Moves That Could Push ADA Beyond $5

    05/08/2026

    What Is Avalanche Helicon?

    05/08/2026

    XRP ETFs Defy Market Weakness, Reach Record $1.5B in Cumulative Inflows

    05/08/2026

    Ripple Mints 15 Million RLUSD on Ethereum

    05/08/2026

    What Happens to Your Attendance NFTs?

    04/08/2026

    StonkBrokers NFT on Robinhood hits $12.6K in 2 weeks: Can momentum hold?

    04/08/2026

    Top NFT Sales of the Week, Ethereum Dominates with $52.2M Sale

    02/08/2026

    Are NFTs Dead in 2026? What Happened to the Market

    29/07/2026

    The Amount of ETH Locked on the Ethereum Network Reaches All-Time High! Here’s All the Data

    05/08/2026

    Hut 8 price target hiked to $165 at Benchmark as AI pivot reshapes valuation

    05/08/2026

    Crypto Founder Reveals Two Key Moves That Could Push ADA Beyond $5

    05/08/2026

    Long-awaited Crypto Bill, the Clarity Act, May Be Voted on This Week—But Here’s What You Need to Know

    05/08/2026
  • Blockchain

    Layer-1 Blockchain Network Aptos Announces the Deployment of Privacy Feature on its Mainnet! Here Are the Details

    05/08/2026

    Franklin Templeton joins Canton Network as super validator

    05/08/2026

    J.P. Morgan Ethereum investment tops $900M in tokenized funds

    05/08/2026

    BNY to add crypto staking to digital asset custody platform

    05/08/2026

    NeoLine wallet ships Neo X signing transparency in v5.9.2

    05/08/2026
  • DeFi

    1inch Aqua liquidity hands full custody control to DeFi traders on 13 chains

    04/08/2026

    DeFi Curated Vault Market Grows to $7.18B Despite Lending TVL Decline

    04/08/2026

    DeFi Platform Drops Consumer App, Pivots to Big Tech OTC Lending After 75% Revenue Crash

    04/08/2026

    What are intents and solvers? The invisible layer executing your DeFi trades

    04/08/2026

    ValueQube Taps X-Agent to Build AI-Readable DeFi Asset Infrastructure

    04/08/2026
  • Metaverse

    Is Solana Gaming Back? Kintara Activity Fuels Renewed Optimism in Onchain MMOs

    24/06/2026

    The Sandbox launches AI game engine ‘The Sandbox Studio’ for next-generation creators

    10/06/2026

    Meta commits $13M in funding for Oversight Board through 2028

    29/05/2026

    Why Animoca’s Yat Siu says the future is 100 billion AI agents

    07/05/2026

    ‘8,000 Jobs’—Polymarket Sees Tech Layoff Surge As Meta AI Push Bites

    18/04/2026
  • Regulation

    Hut 8 price target hiked to $165 at Benchmark as AI pivot reshapes valuation

    05/08/2026

    Tether Leads $7 Million Series A in Pact Labs to Expand USA₮ Across Payroll and Payments

    05/08/2026

    Nasdaq rises as soft CPI eases Fed fears, IBM plunges over weak outlook

    05/08/2026

    For pension funds, tokenization’s real play is balance-sheet management, Fidelity’s Lai says

    05/08/2026

    JPMorgan says Hyperliquid’s rise threatens Circle’s USDC economics

    05/08/2026
  • Other
    1. Exchanges
    2. ICO
    3. GameFi
    4. Mining
    5. Legal
    6. View All

    How Aerodrome’s Predictive Allocation Could Transform Market Dynamics

    05/08/2026

    Jupiter Wallet Unveils Auto Approve Feature to Enhance User Experience

    05/08/2026

    SatLayer Launches Automated Execution Engine for BTC Markets

    05/08/2026

    Maple Closes Institutional-Grade Warehouse for Kraken’s OTC Clients

    05/08/2026

    ICO market slows sharply with only six completions in 2026

    30/04/2026

    South Korea Poised to Lift Ban on Domestic ICOs After 7 Years

    19/12/2025

    Why 2025’s Token Boom Looks Both Familiar and Dangerous

    31/10/2025

    ICO for bitcoin yield farming chain Corn screams we’re so back

    22/01/2025

    How BC.GAME is turning players into stakeholders

    04/08/2026

    YGG Play Shuts Down Services as Yield Guild Pivots to AI Data

    01/08/2026

    why gameplay now beats crypto rewards

    29/07/2026

    From NFT gaming to mining simulators

    29/07/2026

    Trump-linked Bitcoin firm reaches $2.5M settlement with DOJ over pandemic loan

    05/08/2026

    ‘Crypto King’ Barry Silbert Shares Huge Power Milestone for Zcash (ZEC) Mining

    05/08/2026

    MARA Opens Slipstream to the Public as Coldcard Victims Race to Escape

    05/08/2026

    It Could Significantly Change BTC

    05/08/2026

    Long-awaited Crypto Bill, the Clarity Act, May Be Voted on This Week—But Here’s What You Need to Know

    05/08/2026

    Coinbase Chief Policy Officer Praises Crypto Clarity Act as “Extraordinarily Bipartisan”

    05/08/2026

    Republicans Hope For Democratic Support on Crypto Clarity Act

    05/08/2026

    CLARITY Act Myths Could Mislead Investors, Crypto Council Warns

    05/08/2026

    The Amount of ETH Locked on the Ethereum Network Reaches All-Time High! Here’s All the Data

    05/08/2026

    Hut 8 price target hiked to $165 at Benchmark as AI pivot reshapes valuation

    05/08/2026

    Crypto Founder Reveals Two Key Moves That Could Push ADA Beyond $5

    05/08/2026

    Long-awaited Crypto Bill, the Clarity Act, May Be Voted on This Week—But Here’s What You Need to Know

    05/08/2026
  • MarketCap
NBTC News
Home»Legal»Gensler’s ‘regulation by enforcement’ era shows why Congress must lock in crypto rules now
Legal

Gensler’s ‘regulation by enforcement’ era shows why Congress must lock in crypto rules now

NBTCBy NBTC07/06/2026No Comments5 Mins Read
Share
Facebook Twitter LinkedIn Pinterest Email


The “Gensler winter” and its aftermath is upon us, writes Stefan Muehlbauer, CertiK Head of U.S. Government Affairs, in a viral new op-ed.

Under former SEC Chair Gary Gensler, crypto firms faced a campaign of “regulation by enforcement,” marked by high‑profile lawsuits and an intentional refusal to provide clear compliance pathways.

This era, Muehlbauer argues, was defined by a calculated ambiguity that stifled domestic innovation, with many warning that the industry’s brightest minds and most significant capital would move to offshore jurisdictions. While the present atmosphere feels decidedly more optimistic, it is essential to note how this stability is tethered to political appointments rather than established law

Gensler’s SEC brought cases against major platforms including Binance, Coinbase and Ripple, helping to define what many in the industry saw as the “dark years” of US crypto policy. That period fueled fears that “the industry’s brightest minds and most significant capital would move to offshore jurisdictions,” Muehlbauer notes, capturing the sense of domestic innovation being deliberately chilled.

The current easing began almost immediately after Donald Trump returned to the White House. In his first week back in office, Trump signed an executive order titled “Strengthening American Leadership in Digital Financial Technology,” pledging to “support the responsible growth and use of digital assets, blockchain technology, and related technologies across all sectors of the economy.”

Today with the industry currently enjoying a more friendly approach from Washington, starting with President Trump’s signing of an executive order supporting digital assets in his first week in office. A feat bolstered by the SEC rescinding SAB 121, the SEC Commissioner issuing a statement proposing a four-part framework to categorize crypto assets, which required companies holding crypto assets to register them as liabilities, the dismissal of enforcement actions against crypto firms, including Coinbase, Kraken, and Ripple, and the appointment of Paul Atkins, a veteran crypto advocate, as SEC Chair.

Without formal legislative intervention, the crypto industry remains exactly one election cycle away from a return to the more hostile environment of the past. A new election cycle and a change from the current administration could usher in a new era of stringent oversight, effectively undoing the progress made in establishing the United States as a hub for financial technology. The threat may not feel immediate in the short term, but there is a coalition of politicians who view the legislative progress in digital assets as risking a financial meltdown.

Executive pivots are not a regulatory foundation

That order explicitly revoked Joe Biden’s 2022 digital asset directive and banned federal agencies from “undertaking any action to establish, issue, or promote CBDCs” in the United States or abroad. At the same time, it set up a President’s Working Group on Digital Asset Markets to push a unified, “technology‑neutral” regulatory framework within 120 days.

The SEC followed that political signal with a sharp pivot of its own. In 2025 the Commission dropped or resolved key cases against Coinbase, Binance, Kraken, Consensys and Ripple — all but one without financial penalties — and rescinded Staff Accounting Bulletin 121, a move that removed a major balance‑sheet obstacle to banks offering crypto custody.

Under Chairman Paul Atkins, described by Muehlbauer as “a veteran crypto advocate,” the SEC also issued a four‑part taxonomy that split crypto assets into new regulatory buckets and signaled that US dollar‑backed stablecoins and memecoins would not be treated as securities. A Cornerstone Research report found the SEC initiated only 13 crypto‑related actions in 2025, a roughly 60 percent decline from 33 in 2024, underscoring how much enforcement has cooled.

For Muehlbauer, that is precisely the problem. “This shift has occurred primarily through executive and administrative pivots,” he writes, stressing that it “remains easily reversible” because “future SEC or CFTC leadership can roll back rules made without the basis of legislation.”

Why the Senate is now the fulcrum

The industry’s real risk, he argues, is complacency. The United States is only “one election cycle away from a return to the more hostile environment of the past,” since a new administration could reinstall a Gensler‑style SEC and revive the same “calculated ambiguity that stifled domestic innovation.”

The Digital Asset Market Clarity Act, advanced by the House with bipartisan support, shows how statutory guardrails could look. The bill would give the CFTC jurisdiction over “digital commodities,” leave “restricted digital assets” to the SEC, and allow tokens to transition from securities to commodities once their networks are sufficiently decentralized. Companies would face strict initial disclosure rules and a provisional registration regime rather than ad hoc enforcement.

But that framework remains stuck in the Senate, where a rival Responsible Financial Innovation Act draft would keep more power with the SEC and where some Democrats warn that expansive deregulation risks a “financial meltdown.” Muehlbauer’s warning is blunt: if the Senate squanders the current window of alignment, “the ‘Gensler years’” may not remain a historical footnote, but a recurring pattern every two to four years.

For builders and institutional allocators deciding where to deploy capital, that distinction is existential. “Institutional investors and long‑term builders require the certainty that only a congressional mandate can provide,” he writes, arguing that only legislation can finally move digital assets “out of the realm of politics and into the realm of established commerce.”

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
NBTC

NBTC is the editorial account for NBTC News, covering Bitcoin, Ethereum, DeFi, blockchain infrastructure, exchanges, mining, regulation and digital asset markets. The editorial team focuses on clear sourcing, timely updates and practical context for crypto readers.

Related Posts

Long-awaited Crypto Bill, the Clarity Act, May Be Voted on This Week—But Here’s What You Need to Know

05/08/2026

Coinbase Chief Policy Officer Praises Crypto Clarity Act as “Extraordinarily Bipartisan”

05/08/2026

Republicans Hope For Democratic Support on Crypto Clarity Act

05/08/2026

CLARITY Act Myths Could Mislead Investors, Crypto Council Warns

05/08/2026
Add A Comment

Comments are closed.

Top Posts
Get Informed

Subscribe to Updates

Get the latest news from NBTC regarding crypto, blockchains and web3 related topics.

Your source for the serious news. This website is crafted specifically to for crazy and hot cryptonews. Visit our main page for more tons of news.

We're social. Connect with us:

Facebook X (Twitter) LinkedIn RSS
Top Insights

The Amount of ETH Locked on the Ethereum Network Reaches All-Time High! Here’s All the Data

05/08/2026

Hut 8 price target hiked to $165 at Benchmark as AI pivot reshapes valuation

05/08/2026

Crypto Founder Reveals Two Key Moves That Could Push ADA Beyond $5

05/08/2026
Get Informed

Subscribe to Updates

Get the latest news from NBTC regarding crypto, blockchains and web3 related topics.

Type above and press Enter to search. Press Esc to cancel.