The SEC’s Division of Corporation Finance included footnotes in its staff statement clarifying that the guidance is narrowly tailored to specific staking activities, is non-binding, and does not carry the force of law or represent formal rulemaking by the Commission

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It’s worth noting that the guidance only reflects the views of SEC staff, which means it's non-binding and does not carry the force of law.
As with the SEC's previous staff statements, Thursday's included a footnote clarifying that it is very narrowly tailored and certain restrictions would apply. It is not a replacement for rulemaking done through the actual commissioners and "has no legal force or effect," the footnote said.