I don't think there's any question who has jurisdiction. The SEC and CFTC have both agreed it's the CFTC:
https://www.axios.com/2022/06/28/bitcoin-is-the-only-coin-th...
https://cryptoslate.com/cftc-chair-rostin-behnam-snubs-ether...
https://www.axios.com/2022/06/28/bitcoin-is-the-only-coin-th...
https://cryptoslate.com/cftc-chair-rostin-behnam-snubs-ether...
Relying on the goodwill of regulators is unwise.