SEC Commissioner: Staking Activities Do Not Fall Under Securities Law Jurisdiction, SEC to Issue Further Guidance to Clarify Regulatory Scope

According to the official blog of staking service provider Figment, Hester Peirce, head of the U.S. Securities and Exchange Commission (SEC) crypto working group, clearly stated in a speech on May 19 that the technical activities directly involved in Proof of Stake (PoS) and Delegated Proof of Stake (DPoS) systems do not fall under the jurisdiction of securities laws. This is the first time a senior SEC official has made such a statement regarding staking activities.

Peirce pointed out that the SEC will issue further guidance to clarify which activities are not subject to securities laws, including technical services that assist in participating in consensus mechanisms. She acknowledged that the SEC's past enforcement and regulatory approach has failed to effectively prevent fraud and instead caused confusion for compliant operators. This statement is seen as a positive signal for U.S. institutions to participate in staking activities. Figment stated that this will promote the broader adoption of staking services by U.S. institutions.