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Digital assets in the United States: a legal and institutional overview Cover

Digital assets in the United States: a legal and institutional overview

Open Access
|Jun 2026

Abstract

U.S. digital asset regulation operates through a functionally structured framework grounded in legal classification, multi-agency oversight and enforcement practice. The applicable rules depend on how digital assets are categorized across securities, commodities, payments and tax regimes. Regulatory authority is distributed among federal and state institutions that exercise overlapping jurisdictions based on the type of activity involved. Courts and enforcement actions play a central role in shaping legal interpretation and regulatory application. This article provides a systematic analysis of the U.S. framework by integrating doctrinal classification, institutional design and enforcement dynamics. It synthesizes key regulatory approaches and brings together relevant case-law to illustrate how legal standards are applied in practice. Particular attention is given to the role of securities law and the interpretation of investment contracts, as well as to the evolving regulatory treatment of stablecoins and digital asset intermediaries. The analysis shows how the U.S. framework structures digital asset markets through existing legal categories while enabling regulatory adaptation to technological developments.

DOI: https://doi.org/10.2478/bjes-2026-0009 | Journal eISSN: 2674-4619 | Journal ISSN: 2674-4600
Language: English
Page range: 175 - 199
Published on: Jun 28, 2026
In partnership with: Paradigm Publishing Services

© 2026 Lilla Nóra Kiss, published by Tallinn University of Technology
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.