they have not been registered with the SEC. both are leaderless and therefore lack the ability to register with the SEC
ETH is not leaderless to the same degree, and to my knowledge has not been declared "not a security" by the SEC in the same way BTC has.
and in 2018 an SEC commissioner gave a speech in which he said eth was not a security, but the SEC is doing all they can to muddy the waters on that https://cointelegraph.com/news/sec-seeks-to-keep-hinman-docu...