Policy expert at crypto advocacy group Blockchain Association says that despite attempts to police crypto through enforcement actions, US financial regulators “are bound by legal reality” and Congress will decide ultimately what regulations should be implemented to CRYPTOCURRENCIES.

Jake Chervinsky, the organization’s director of policy, contributed his thoughts to a lengthy Twitter conversation on the subject of the current state of crypto policy on Feb. 14.

He made the observation that the Securities and Exchange Commission, as well as the Commodity Futures Trading Commission, “do not have the ability to fully supervise cryptocurrency.”

Given the ideological divide between House Republicans and Senate Democrats, Chervinsky says an agreement on crypto-legislation is “unlikely.” He said the Securities and Exchange Commission and the Commodity Futures Trading Commission had overstepped their powers in an effort to “get things done” without Congress.

Chervinsky called on the industry to maintain its composure in the wake of the recent spate of actions by the SEC, which he referred to as “cryptocurrency’s biggest opponent.” As an example, Chervinsky cited the SEC crackdown on staking services.

The settlement the SEC reached with cryptocurrency exchange Kraken on February 9, which prohibited Kraken from selling engagement services to consumers in the United States, has been publicly criticized by SEC Commissioner Hester Peirce.

Peirce disagreed with the majority opinion in a February 9 statement, saying that regulating a growing business through the app is “neither an effective nor a fair way to govern” the industry.

Chervinsky proposed that litigation is a method in which the cryptocurrency industry can lobby for proper legislation. Chervinsky said the court plays a key role in influencing policy that has been “ignored.”

Coinbase, a cryptocurrency exchange, is also the subject of an SEC investigation that is similar to the one that led to the Kraken deal.

A stronger position has been taken by Coinbase CEO and co-founder Brian Armstrong, who believes it would be disastrous for the United States to eliminate gambling on cryptocurrencies.

In a tweet dated February 12, Armstrong maintained that Coinbase’s staking services are not securities, saying that he would “gladly defend this in court if necessary.”

Decisions judges make in important cases set new standards in law. If such a case were brought before a court and the judge found that Coinbase’s staking services do not qualify as securities, then other cryptocurrency companies that are in a comparable situation to Coinbase’s can use the precedent as part of their defense.