Regulation· ★★★· neutral·

SEC's new crypto FAQ is guidance, not legal protection, ex-prosecutor says

  • —SEC's crypto FAQ was released September 25, 2026 and revised September 28
  • —The document reflects staff views and was not approved by the Commission
  • —Guidance covers staking receipt tokens, buybacks and the Howey test
  • —It builds on an Interpretive Release published March 17, 2026
Why it matters: With no binding rule from the SEC or Congress, crypto firms must base compliance decisions on non-binding staff commentary.
Source: Crypto Briefing