Howey Test


Tech

Arbitrum Shows Just How Messy (and Tricky) Crypto Airdrops Can Be

Bugs, server crashes and scammers continue to plague crypto airdrops. Will regulatory pressures be next?

(Creative Commons, modified by CoinDesk)

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SEC Chair Gensler Shares His Opinion on Proof-of-Stake Tokens: Report

U.S. Securities and Exchange Commission Chairman Gary Gensler is doubling down on his opinion that proof-of-stake tokens could meet the definition of securities under the Howey Test. CoinDesk Global Policy and Regulation Managing Editor Nikhilesh De discusses what this means for the ongoing crypto turf war between the SEC and the CFTC over regulatory authority.

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Ether Hits Two-Month Low as New York Attorney General Alleges Ether Is a Security

In a filing against crypto exchange KuCoin on Thursday, New York State Attorney General Letitia James alleged that ether, among other token offerings, is a security. Penn State Dickinson Law Professor Tonya Evans explains how a security is defined under state law, saying, "it very much mimics the Howey Test...but often times at the state level, there's a more expansive view and definition." Plus, she weighs in on the broader implications for the crypto industry.

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Pananalapi

Coinbase's CEO Cites 'Rumors' the SEC May Ban Crypto Staking for Retail Customers

"I hope that's not the case as I believe it would be a terrible path for the U.S. if that was allowed to happen," Brian Armstrong tweeted Wednesday.

Brian Armstrong Chief Executive Officer CEO & Co-Founder of Coinbase speaks at Consensus 2019 (CoinDesk)

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The SEC Is Talking to a ‘Wide Swath’ of Crypto Organizations: Gensler

SEC Chairman Gary Gensler testified before the Senate Banking Committee Thursday, noting the “vast majority” of cryptocurrencies are securities, while referencing the Howey Test. Plus, he shares that the agency is talking to a “wide swath” of crypto organizations about registering with the SEC.

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Patakaran

SEC Calls 9 Cryptos 'Securities' in Insider Trading Case

The SEC and DOJ brought insider trading charges against three people Thursday, but assertions cryptocurrencies are securities may hold greater implications.

A federal judge ruled for the SEC in its case against LBRY on Monday. (Jesse Hamilton/CoinDesk)

Merkado

SoluTech to Burn its Tokens Under Terms of SEC Settlement; Co-Founder Fined

SoluTech, which violated securities laws and misrepresented its revenue during the token sale, now must destroy all its tokens.

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California Assembly Considers Exempting Some Digital Assets From State Securities Law

A key lawmaker in the California Assembly has proposed exempting some digital assets from the state’s definition of corporate securities.

Majority Leader Ian Calderon has proposed a framework for determining whether digital assets are investment contracts, and therefore securities. (Credit: Lerna Shirinian)

Patakaran

Telegram Ruling Closes Another Door to Legally Compliant Token Sales

A recent ruling stopping Telegram from distributing its cryptocurrency creates new legal peril for public blockchains, argues lawyer Josh Lawler.

Mary Shelley wrote the Gothic novel "Frankenstein." Boris Karloff starred in the 1931 movie version. (Wikimedia Commons)

Merkado

SEC Blasts Kik's 'Void for Vagueness' Defense of 2017 ICO

Kik wants to depose top SEC officials, and expose that they were making it up as they went. But the SEC is having none of it.

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