But can’t that same argument be used for a Picasso or Van Gogh painting? Are those also regulated by the SEC for ownership? NFTs are trade-able when it comes to art. It’s just a contract in the form of a deed of ownership at a digital layer being transferred.

If regular art which is often considered an investment and hogged by the ultra rich is also regulated by the SEC then you’re right. If it’s not then I don’t get why we treat the “art” which is owned by a NFT contract differently based on the type of contract we’d like to consider binding.