Bitwise and Hyperliquid request the SEC to amend cryptocurrency regulations: focusing on token classification, airdrops, and secondary market trading

The asset management company Bitwise Asset Management and the Hyperliquid Policy Center submitted a comment letter to the U.S. Securities and Exchange Commission (SEC), requesting modifications to the proposed cryptocurrency rules to clarify token classification, airdrops, and secondary market trading rules. The SEC's proposed Regulation Crypto Assets would establish exemptions for eligible cryptocurrency financing and provide a conditional safe harbor for tokens related to investment contracts.

Bitwise requested clarification on the standards for investment managers to determine whether tokens are subject to securities laws. The Hyperliquid Policy Center called for an expansion of the safe harbor scope and clarification of the rules for airdrops and token buybacks that reward network participants. The organization also requested that the SEC clarify whether unregistered intermediaries can facilitate token trading and whether tokens can be freely traded through on-chain protocols. Former SEC enforcement official John Reed Stark and Duke University finance scholar Lee Reiners called for the proposal to be withdrawn, arguing that it exceeds the SEC's statutory authority and undermines investor protection. The SEC will decide to amend, adopt, or withdraw the rules after the public comment period ends, and the final rules must be voted on by the commission before taking effect.