CFTC chair calls for new legislation, citing risks related to spot BTC ETFs

Source Fxstreet
  • CFTC chair Rostin Behnam has concerns about the recent approval of spot BTC ETFs in the US.
  •  He cites risks sprouting from mistaking spot ETF approvals with actual regulatory oversight of the cash commodity digital assets.
  • Behnam wants new federal legislation over cash market digital assets.

Barely three weeks after the US Securities and Exchange Commission (SEC) approved all the spot Bitcoin (BTC) exchange-traded funds (ETFs), the agency’s enforcement counterpart, Commodities Futures Trading Commission (CFTC), has raised issues, citing inadvertent risks and is now calling for new federal legislation.

Also Read: Despite Spot BTC ETF approvals, the SEC does not endorse Bitcoin

CFTC chair calls for new federal legislation over spot BTC ETFs

Speaking at an American Bar Association event, CFTC chair Rostin Behnam raised concerns over the recently approved spot BTC ETF, saying:

I fear that the regulatory approval of bitcoin ETPs introduces risk that, in spite of yellow flags, market participants, retail and institutional alike, may mistake the technical approval of a product—with actual regulatory oversight of the cash commodity digital assets.

According to Behnam, there being no federal regulator with the authority to oversee cash markets for digital assets is a risk in itself, urging Congress to do so with haste. This has been the subject of his campaign for the better part of the last six years, calling the regulation of the digital asset commodity spot market as a precaution against issues relating to conflicts of interest and customer protections.

[There is nothing firmly in place to] address the opaque and inconsistent practices in the cash markets for digital assets.

Despite his boldness on the matter since the last half a dozen years, Behnam feels the landmark decision on January 10 has “magnified” his fears, adding, “The need for federal legislation over cash market digital assets has never been more critical, and I will continue my call for action."

The CFTC chair calls out the US SEC for a decision that saw ETPs take a speculative and volatile asset, wrap it in a thin layer of indirect regulation, and package it as a shiny new product. 

It should be noted, however, that despite Spot BTC ETF approvals, the SEC articulated that the agency does not endorse Bitcoin. In a statement post-approvals, SEC Chair Gary Gensler said:

While we approved the listing and trading of certain spot bitcoin ETP shares today, we did not approve or endorse bitcoin. Investors should remain cautious about the myriad risks associated with bitcoin and products whose value is tied to crypto. 

It comes after Gensler cautioned market participants about the risks of crypto investing, listing possible incompliance, market risk, and fraud, as part of the dangers. 

CFTC to go after bad actors, Behnam

Nevertheless, the CFTC chair reiterated the commission’s commitment to go after bad actors in the crypto arena, highlighting that in 2023, the CFTC became the "premier enforcement agency in the space.”

Disclaimer: For information purposes only. Past performance is not indicative of future results.
placeholder
October hike odds climb toward 60% as Goldman and BofA both flip — what Warsh's "dose of accommodation" really changedRate futures now price roughly 55% to 62% for a 25bp hike at the October 27-28 FOMC, up from about 30% before Chair Warsh's post-meeting framing that the Fed is merely "removing some accommodation." Goldman Sachs has added an October hike to its forecast and Bank of America now sees moves in both October and December. Here is the repricing, the language behind it, and the two data points that decide it.
Author  Irene Q.
Sep 23, Wed
Rate futures now price roughly 55% to 62% for a 25bp hike at the October 27-28 FOMC, up from about 30% before Chair Warsh's post-meeting framing that the Fed is merely "removing some accommodation." Goldman Sachs has added an October hike to its forecast and Bank of America now sees moves in both October and December. Here is the repricing, the language behind it, and the two data points that decide it.
placeholder
Strong profits, falling shares: bank earnings day one meets a memory-chip rout — with CPI and ASML aheadGoldman Sachs blew past estimates (EPS $17.01 vs $13.09 expected, profit +33%) while JPMorgan missed ($5.75 vs $5.93) and Wells Fargo fell 3% — yet the S&P 500 finished flat at 7,805.45, pinned below its record close as a memory-chip rout (SOX −2.67%, Micron under $1,000) kept the pressure on. Tonight brings the week's decider: US September CPI at 8:30 ET, then Bank of America, Morgan Stanley, BlackRock and ASML before the open. Here are the levels, both cases, and the watch list.
Author  Irene Q.
Oct 14, Wed
Goldman Sachs blew past estimates (EPS $17.01 vs $13.09 expected, profit +33%) while JPMorgan missed ($5.75 vs $5.93) and Wells Fargo fell 3% — yet the S&P 500 finished flat at 7,805.45, pinned below its record close as a memory-chip rout (SOX −2.67%, Micron under $1,000) kept the pressure on. Tonight brings the week's decider: US September CPI at 8:30 ET, then Bank of America, Morgan Stanley, BlackRock and ASML before the open. Here are the levels, both cases, and the watch list.
placeholder
US September CPI recap: inflation hits 3.7% as core runs hot — is an October Fed hike back on the table?September CPI landed hot: headline 3.7% y/y, core 2.6% y/y and 0.3% m/m. October hike odds jumped from ~22% to ~37% — yet the dollar faded to 101.74, gold closed higher and the S&P 500 fell 1.11%. Here is the full repricing, the levels and what to watch next.
Author  Irene Q.
Yesterday 05: 52
September CPI landed hot: headline 3.7% y/y, core 2.6% y/y and 0.3% m/m. October hike odds jumped from ~22% to ~37% — yet the dollar faded to 101.74, gold closed higher and the S&P 500 fell 1.11%. Here is the full repricing, the levels and what to watch next.
placeholder
Gold defends $4,100 as BofA targets a break below $4,000 — why the Middle East bid is missingSpot gold flushed to $4,099.89, a whisker above October's $4,090 low, then rebounded to close at $4,138.25 (+0.82%) — even as US CPI ran hot. Bank of America sees gold below $4,000 within three months, citing shrinking demand and official-sector selling. Here are the levels, the drivers and what would flip the script.
Author  Irene Q.
Yesterday 06: 57
Spot gold flushed to $4,099.89, a whisker above October's $4,090 low, then rebounded to close at $4,138.25 (+0.82%) — even as US CPI ran hot. Bank of America sees gold below $4,000 within three months, citing shrinking demand and official-sector selling. Here are the levels, the drivers and what would flip the script.
placeholder
Gold Price Analysis Today | Forex Gold Analysis | XAU/USD Analysis - October 15, 2026Get the latest gold price analysis, forex gold insights, and XAU/USD analysis for October 15, 2026. Read on for the details.
Author  Mitrade
57 mins ago
Get the latest gold price analysis, forex gold insights, and XAU/USD analysis for October 15, 2026. Read on for the details.
Related Instrument
goTop
quote