On Tuesday, March 19, the SEC issued joint guidance with the CFTC to “finally” provide clarity about how the securities laws apply to digital assets. On many issues, including staking and meme coins, the SEC’s new guidance is a welcome development and a marked improvement from the Gensler days. It also rightly acknowledges that the agency’s “regulation by enforcement” campaign under Chair Gensler had muddied compliance obligations and stifled the industry. But in important ways, the guidance stops short of the full course correction the crypto industry needs.

The biggest shortcoming is the SEC’s articulation of the Howey test for “investment contract” securities. All agree that most digital assets are not, on their own, investment contracts. Even the Gensler SEC (eventually) admitted as much, and the SEC’s new guidance reiterates that position. The key question, though, is when a digital asset is sold as part of an investment contract such that the sale becomes subject to the securities laws.

The statute provides the answer. As a matter of text, history and common sense, an “investment contract” means a contract – an express or implied agreement between the issuer and investor under which the issuer will deliver ongoing profits in return for the purchaser’s investment. Most digital assets are not investment contracts because they are not contracts. A digital asset can be the subject of an investment contract (like any other asset), but it can still be sold separately from the investment contract without implicating the securities laws. In the suits brought by Gensler, crypto companies vigorously defended that proper interpretation of the law.

Yet the SEC’s new guidance is silent about whether an investment contract requires contractual obligations. Instead, it says an investment contract travels with a digital asset (at least temporarily) when the “facts and circumstances” show the digital-asset developer “induc[ed] an investment of money in a common enterprise with representations or promises to undertake essential managerial efforts,” leading purchasers to “reasonably expect to derive profits.” That does not clearly confirm a clean break from the SEC’s former view that Howey eschews “contract law” and demands “a flexible application of the economic reality surrounding the offer, sale and entire scheme at issue, which may include a variety of promises, undertakings and corresponding expectations.”

The Gensler SEC’s know-it-when-I-see-it approach to Howey was deeply problematic. It allowed the agency to piece together an “investment contract” from various public statements by digital-asset developers — tweets, white papers, and other marketing materials — even absent concrete promises by the issuers. And it failed to distinguish securities from collectibles like Beanie Babies and trading cards, the value of which depends heavily on their maker’s marketing and attempts to create scarcity. The SEC missed an important opportunity to clearly reject that approach and restore a key statutory dividing line between assets and securities — a contract.

The SEC can still fix this problem, but to do so, it will need to further clarify how the agency intends to apply Howey going forward — and to finally make a clean break with Gensler’s overbroad interpretation of the securities laws. For example, the Gensler SEC repeatedly cited various “widely distributed promotional statements” as a basis for pushing a digital asset into the realm of investment contracts. The SEC’s new guidance puts some guardrails on that approach by requiring a developer’s representations or promises to be “explicit and unambiguous,” to “contain sufficient details,” and to occur before the purchase of the digital asset. But even that improved approach leaves too much room for interpretation. It could be expansively applied by private plaintiffs, the courts or a future SEC. Rather than continue down the path Gensler trod, the SEC should make clear that mere public statements affecting value are insufficient and that promises and representations must be made in the context of the specific sale at issue — not strung together from whitepapers or social-media posts that many purchasers likely never considered.

The SEC also should clarify its approach to secondary-market trading. Helpfully, the agency now recognizes that digital assets are not investment contracts “in perpetuity” just because they once were “subject to” investment contracts. But the agency also says that digital assets remain “subject to” investment contracts traded on secondary markets (like exchanges) so long as purchasers “reasonably expect” issuers’ “representations and promises to remain connected” to the asset. The SEC says little about how to assess those reasonable expectations, providing only two “non-exclusive” examples of when an investment contract “separates” from a digital asset. And it says nothing about whether a secondary-market purchaser must have a contractual relationship with the token issuer. That leaves it unclear whether the SEC has really moved on from the Gensler-era view that investment contracts “travel with” or are “embodied” by crypto tokens.

Instead of those mixed messages, the SEC should impose meaningful restraints on the application of the securities laws to secondary-market transactions by adopting Judge Analisa Torres’s approach in Ripple. Judge Torres recognized that it is unreasonable to infer an investment contract in the context of “blind bid-ask” transactions — that is, transactions where the counterparties do not know each other’s identities (as is common in secondary-market trading). Because buyers have no idea whether their money goes to a token’s issuer or to some unknown third party, they can’t reasonably expect that the seller will use the buyers’ money to generate and deliver profits. The SEC should endorse Judge Torres’s analysis expressly.

These are not academic quibbles. The current SEC might not read or enforce its new guidance in a manner that threatens the viability of the crypto industry in the United States. But by failing to clearly reject the excesses of the Gensler era, the SEC’s new guidance leaves the industry exposed to a future SEC that could leverage ambiguities in the SEC’s current guidance to resume regulation by enforcement. Private plaintiffs could try to do the same in lawsuits against key industry players (such as the leading exchanges). And in the meantime, the SEC’s interpretations could distort the securities-law baseline during negotiations over market-structure litigation.

The SEC invited comments on its guidance, and the industry should oblige. The SEC should get credit where credit is due. But the industry should not hesitate to highlight the lingering flaws and ambiguities in the agency’s approach and advocate for clear, meaningful, and permanent restraints to ensure regulatory clarity and stability. Simply giving the legal architecture of the last enforcement campaign a facelift is not enough.

For the first time in six years, the bitcoin BTC$67,551.61 hashrate, the total computational power securing the network, fell during the first quarter. It is currently down around 4% year to date, hovering around 1 zettahash per second (ZH/s).

Over the past five years, the rate has surged from roughly 100 exahashes per second (EH/s), a 10-fold increase, according to Glassnode data. Each year, the metric rose during the first quarter and ended with strong full-year growth in excess of 10%. In 2022, the figure almost doubled.

The AI Pivot

The shift in 2026 reflects changing economics across the bitcoin mining sector. With production costs near $90,000 per bitcoin and the spot price closer to $67,000, margins are negative. In response, many publicly listed miners are switching to artificial intelligence and high-performance computing infrastructure, where returns are higher and more predictable.

This transition is being funded through debt issuance and bitcoin sales, reducing reinvestment into bitcoin mining. As a result, hashrate growth is becoming more sensitive to the cryptocurrency’s price, with weaker prices likely to trigger further declines as smaller operators exit.

While a falling hashrate may raise concerns about network security, decentralization may matter more than absolute size. Publicly listed U.S. miners have accounted for over 40% of the global hash rate, and a reduction in their influence could lead to a more geographically distributed network. In that sense, the current shift may ultimately support decentralization.

Despite the slowdown, CoinShares still forecasts hashrate growth to around 1.8 ZH/s by the end of 2026, conditional on bitcoin recovering toward $100,000.

Read More: End of bitcoin ‘HODL’: public miners going all-in on AI, signaling more BTC selling

DeFi risk curator Steakhouse Financial has been hacked and its website and app are now being used to host a phishing scam.

Steakhouse disclosed the breach Monday morning and warned that any new users interacting with the website or app are likely interacting with a malicious version implemented by the hackers. 

The attack appears to have affected just the front-end of operations, as Steakhouse assured users, “No deposits are at risk. No contracts are affected. All Steakhouse depositors are safe.”

Read more: Fake Uniswap phishing ad on Google steals trader’s life savings

“We are working to restore the frontend as soon as possible,” the firm said. 

Steakhouse co-founder, Sébastien Derivaux, warned crypto users to avoid the website until further notice.  

Various crypto firms offered alternative services and safety assurances for customers with funds at Steakhouse. 

Others found humor in the incident, with one user asking, “Does phishing on Steakhouse make this a surf and turf attack?”

At the time of writing, neither Steakhouse Financial or its CEO have shared any further updates on the incident.

Steakhouse Financial housing a crypto drainer

Crypto security firm Blockaid claims that the Steakhouse attackers are utilizing code from one of the “largest active wallet drainer operations onchain” known as Angelferno, or Angel Drainer.

This month, Bitcoin’s hashrate fell 6% after the US and Israel attacked Iran, highlighting Iran’s significant crypto mining activity.

Bitcoin price, meanwhile, remains lackluster. Higher 4% yields on US Treasury bonds have added pressure, and investors are seeking less risky prospects amid geopolitical tension.

Less appetite for crypto trading has proven problematic for Robinhood. The trading platform’s stock is down 16% on the month, and leadership has announced a stock buyback program. 

Prediction markets marked a record number of transactions, representing a more than 2,800% increase since this time last year. 

Here’s March by the numbers:

Bitcoin lacks momentum as 4% US Treasury bond yields put pressure on price

Yields on five-year US Treasury bonds are up 4% in March, putting pressure on Bitcoin price. While showing some gains in mid March, the asset ended the month much where it started, around $67,000.

As per an analysis from Cointelegraph, fears of a drawn-out conflict between the US and Israel against Iran have led investors to cut out risk. A sell-off in bonds, along with a nine-month high of 4% in yields, suggests that traders are building cash positions.

Bitcoin hashrate falls nearly 6% after US and Israel attack Iran

On Feb. 28, the United States and Israel launched a joint special military operation in Iran called “Operation Epic Fury.” One month later, the Bitcoin (BTC) hashrate is down almost 6%.

Bloomberg crypto and digital assets strategist Dushyant Shahrawat said in a recent interview that Iran is one of the world’s largest Bitcoin miners, accounting for some 6-8% of global hashrate, and 70% of mining activities are conducted by the military. 

Disruptions to the country’s energy infrastructure and diversion of military priorities to defense have thus hit Iran’s ability to mine Bitcoin. 

Prediction market transaction top 192 million

Transactions on prediction markets like Polymarket and Kalshi topped 192 million in March. That represents a 24% increase from last month and a 2,880% increase compared to the same time last year, according to Dune analytics. 

Related: Lawmakers push another bill to curb prediction market insider trading

Prediction markets are growing in popularity, but in the United States, they face state regulators who say they facilitate a form of gambling. At least 11 states have taken legal action against them.

On March 20, Carson City District Court Judge Jason Woodbury upheld a regulator’s move to temporarily ban prediction market Kalshi in Nevada. 

Arizona has brought criminal charges against Kalshi for allegedly “running an illegal gambling operation and taking bets on Arizona elections, both of which violate Arizona law.”

Other states like Utah and Pennsylvania are currently considering legislation that would bring prediction markets under state gambling or gaming laws. Kalshi says that it answers only to federal regulation under the Commodity Futures Exchange Commission (CFTC). 

Euro-denominated stablecoins account for 85% of non-dollar volume

Stablecoins backed by the euro have emerged as a favorite alternative to assets backed by US dollars. Some 85% of non-dollar stablecoin volumes occur in euros, according to a March report from Dune.

While euro-denominated coins initially only represented some 50-70% of the non-dollar market, they began expanding significantly in 2024. Now they represent 85% of total transferred volume. Euro stablecoins are also dominant in regard to participation, with user share rising to over 78%.

Dune attributes this increase to more confidence in stablecoins among institutions, thanks in large part to the Markets in Crypto-Assets regulatory package (MiCA). 

Robinhood stock down 16% on month

Robinhood stock has decreased over 16% in March, from nearly $80 to $66 as of publishing time. 

The stock and crypto trading company’s share price has been struggling in recent months. Over the last six months, it dropped over 50%. Uncertainty over the regulation of new verticals like prediction markets and social trading, along with a collapse in crypto trading revenues are creating structural obstacles for the company.

Revenue from crypto transactions reportedly dropped 38% year-over-year as of Q4 2025. Crypto app volumes dropped 58%.

To address the problem, Robinhood has approved a $1.5 billion share buyback program in March, which will execute over the next three years. 

Strategy’s Bitcoin holdings are 11% in the red

Amid a lackluster price action on the month, Strategy’s Bitcoin portfolio is at an 11% loss. The average cost of Bitcoin in its portfolio is $75,669. Bitcoin is trading around $67,800 at publishing time. 

Still, the company has continued its regular Bitcoin purchases. It made two this month: one for 17,994 Bitcoin on March 9 and another for 22,337 Bitcoin on March 16, amounting to roughly $2.7 billion at publishing time.

The software company has financed most of its Bitcoin purchases through high-yield stock offerings, like Stretch (STRC). This allows the company to buy Bitcoin without diluting its MSTR common shares.

The company’s chair, Bitcoin bull Michael Saylor, said recently that 80% of STRC buyers are retail investors. “Retail investors prefer low-volatility, high-yield digital credit,” he said.

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