The United States government's approach to cryptocurrency regulation is undergoing significant changes in 2025, driven by a combination of executive actions, legislative efforts, and evolving stances from key regulatory agencies. The return of President Trump to the White House has ushered in an era of deregulation, marked by a pro-crypto stance and a desire to foster innovation within the digital asset space.
One of the most notable developments is the establishment of the Strategic Bitcoin Reserve and the United States Digital Asset Stockpile. This initiative signals the government's intent to treat digital assets as a national strategic priority, recognizing their potential as a unique store of value in the global financial system. The Secretary of the Treasury has been tasked with administering these reserves, ensuring the orderly and strategic management of the United States' digital asset holdings.
This shift in policy is further evidenced by the disbanding of the Department of Justice's National Cryptocurrency Enforcement Team and a perceived loosening of the Securities and Exchange Commission's (SEC) grip on the crypto industry. The SEC has even dropped major lawsuits against prominent crypto companies like Gemini and Coinbase, signaling a move away from the "regulation by enforcement" approach that characterized previous years. However, private litigation against crypto exchanges and issuers continues, indicating that civil litigants may serve as a check on the industry even with relaxed federal enforcement.
Several key regulatory bodies play a crucial role in shaping the cryptocurrency landscape. The Financial Crimes Enforcement Network (FinCEN) regulates digital assets for Anti-Money Laundering (AML) and Countering Financing of Terrorism (CFT) purposes, classifying crypto companies as financial institutions under the Bank Secrecy Act (BSA). The SEC oversees the issuance and resale of digital assets considered securities, while the Commodity Futures Trading Commission (CFTC) regulates digital assets that qualify as commodities or are used as derivatives. The Internal Revenue Service (IRS) classifies digital assets as property, subjecting them to capital gains taxes.
Despite the push for deregulation, compliance with AML/CFT requirements remains a core element of the regulatory framework for cryptocurrency businesses. These obligations are not limited to companies registered as Money Services Businesses (MSBs) with FinCEN, highlighting the broad reach of these regulations. The Office of Foreign Assets Control (OFAC) also plays a role by enforcing US sanctions programs and requiring companies to screen clients and counterparties against designated lists.
Several key federal initiatives and proposals are shaping the future of crypto regulation. Congress is considering legislation aimed at creating a regulatory framework for stablecoins, addressing reserve requirements, transparency, and oversight mechanisms. Regulatory bodies like the SEC and CFTC are hosting roundtables to discuss critical issues such as digital asset custody, tokenization, and decentralized finance (DeFi), indicating a more collaborative approach to regulation.
The US Department of Labor's Employee Benefits Security Administration has also rescinded a 2022 compliance release that discouraged fiduciaries from including cryptocurrency options in 401(k) retirement plans. This move reaffirms the department's neutral stance, neither endorsing nor disapproving of plan fiduciaries who conclude that cryptocurrency is an appropriate investment option.
While the US is moving towards regulatory clarity, its approach differs from other regions like the European Union, which has implemented a comprehensive, uniform regulatory regime for crypto assets across member states through its Markets in Crypto-Assets (MiCA) framework. The US relies on agency-driven enforcement and evolving guidelines, with separate oversight bodies like the SEC and CFTC leading the charge.
Overall, the US government's evolving strategy reflects a desire to strike a balance between fostering innovation in the cryptocurrency industry and mitigating risks to investors and the financial system. The focus on deregulation, the establishment of strategic reserves, and the ongoing efforts to clarify regulatory frameworks signal a new era for digital assets in the United States.