Bitcoin vs Ethereum: which is a security?
Likely status under the proposed CLARITY Act, side by side. Last updated Oct 19, 2026.
On current evidence both are rated "Likely digital commodity" (BTC: High, ETH: High confidence). Neither has a stronger case than the other.
Confidence
Main reason
US exchange access
ETFs / CFTC futures
A CFTC-registered exchange (Bitnomial) certified listed spot BTC contracts.
CME (CFTC-regulated) lists Bitcoin futures, including Spot-Quoted Bitcoin futures.
A CFTC-registered exchange (Bitnomial) certified listed spot ETH contracts.
CME lists Ether futures, including Spot-Quoted Ether futures.
Key official sources
Federal Register (SEC & CFTC): The SEC's March 2026 interpretation lists Bitcoin (BTC) as an example of a 'digital commodity' (not itself a security), … ↗
CFTC: CFTC complaint against Binance states BTC is a 'commodity' under the Commodity Exchange Act. ↗
Federal Register (SEC & CFTC): The SEC's March 2026 interpretation lists Ether (ETH) as an example of a 'digital commodity' (not itself a security), ba… ↗
CFTC: CFTC complaint against Binance states ETH is a 'commodity'. ↗
Questions
Is Bitcoin or Ethereum more likely to be a security?
On current evidence both are rated "Likely digital commodity" (BTC: High, ETH: High confidence). Neither has a stronger case than the other. Not legal advice.
Is BTC a security?
Probably not, on current evidence. ClarityCheck rates Bitcoin as a likely digital commodity (high confidence): Named as a digital commodity in the SEC's March 2026 interpretation (with CFTC guidance). This is not legal advice, and the CLARITY Act is not law.
Is ETH a security?
Probably not, on current evidence. ClarityCheck rates Ethereum as a likely digital commodity (high confidence): Named as a digital commodity in the SEC's March 2026 interpretation (with CFTC guidance). This is not legal advice, and the CLARITY Act is not law.
Full BTC evidence → · Full ETH evidence →
Not legal, financial or investment advice. The CLARITY Act is not law. Facts are from the linked sources as checked on Oct 19, 2026; please tell us if anything is out of date.