SEC Commissioner Hester Peirce said investors do not need an exemption to use permissionless smart contracts for peer-to-peer trading, but her view does not establish a legal category for “truly decentralized” DeFi. An SEC order and an SEC staff statement set separate limits on custody, access, fees, recommendations, routing and execution. A CFTC staff position permits more promotion and compensation by qualifying passive-software providers, while retaining restrictions on custody, order involvement, routing and execution.
