; or (B) a broker or dealer (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )) holds the digital assets or digital asset securities. II Treatment of Digital Assets under the Commodity Exchange Act 201. Definitions (a) Definition of commodity Section 1a(9) of the Commodity Exchange Act ( 7 U.S.C. 1a(9) ) is amended by adding digital asset (including Bitcoin, Ether, and their hardforks), after livestock products, . (b) Other definitions relating to digital assets Section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ) is amended by adding at the end the following: (52) Digital asset The term digital asset — (A) means an asset— (i) that is created electronically or digitally through software code; (ii) that is programmed with rules that— (I) govern the creation, supply, ownership, use, and transfer of such digital asset; and (II) are designed to resist modification or tampering by any single person or persons under common control; (iii) that has a transaction history that— (I) is recorded on a— (aa) distributed digital ledger; or (bb) digital data structure in which consensus is achieved through a mathematically verifiable process; (II) is updated as soon as possible in accordance with the digital asset programming rules related to transactions and ownership; and (III) after consensus is reached, is designed to prevent modification or tampering with the ownership or transaction history by any single person or persons under common control; (iv) that is capable of being transferred between persons through a decentralized method without an intermediate custodian