Decentralization of the underlying network + comprehensive functionality, this threshold is set quite cleverly, filtering out weak projects while leaving room for innovation

CryptoWorld News, If the U.S. "Clear Act" becomes law, it will officially classify Ethereum as a digital commodity, placing it under the regulation of the Commodity Futures Trading Commission (CFTC), thereby stripping the Securities and Exchange Commission (SEC) of its authority to regard Ethereum as a security, ending years of regulatory ambiguity. The bill explicitly categorizes most blockchain-native tokens, including Ethereum, as "digital commodities," provided their underlying networks are sufficiently decentralized and functional. The bill states that digital commodities are "digital assets whose value is closely related to the programmed operations of the cryptosystem and derived from them," while securities remain under SEC jurisdiction. The bill also explicitly lists 16 tokens considered as digital commodities, including Ethereum. Once the bill passes, Ethereum's legal status will no longer be that of a security, and the CFTC will have exclusive regulatory authority over Ethereum's spot and cash markets.