It could be either but for ease of prosecution they'll probably dump it into the commodity category because (I believe) it gives them more regulatory leeway in

It could be either but for ease of prosecution they'll probably dump it into the commodity category because (I believe) it gives them more regulatory leeway in their efforts. I don't believe that the CFTC [1] regulates currency transactions but they definitely regulate commodities. [1] http://www.cftc.gov/index.htm http://www.cftc.gov/index.htm