As the debate over which regulatory agency has jurisdiction over Ethereum (ETH) in the United States continues, former CFTC Commissioner Dan Berkovitz has stated that ETH can be categorized as both a commodity and a security. He argues that the digital asset falls under the jurisdiction of both the SEC and the CFTC due to the existing legal framework. However, the SEC's regulatory approach has been criticized by crypto executives and users as "stifling" and harsh. The regulatory confusion in the digital asset market has been evident in the contradictory claims made by both the CFTC and the SEC in the last six months.