During a recent conference with Magistrate Judge Sarah Netburn, Dugan Bliss, senior trial counsel at the U.S. Securities and Exchange Commission, said that the agency hasn’t taken an official position on the regulatory status of Bitcoin and Ethereum:
So I want to make clear that this is my understanding of the current situation and I don’t want to be overly technical, but the SEC, itself, my understanding, it has not taken an official position. There is no action that it took to say Bitcoin is not a security, Ether is not a security.
While former SEC chairman Jay Clayton has repeatedly stated that Bitcoin is non-security, there is much less regulatory certainty surrounding Ethereum.