Crypto exchanges convert ‘crypto’ assets into unregistered security offerings
While speculation remains rampant in the 'crypto' industry, not all digital assets traded on exchanges are shams, but this could only be proven through their utility.
Latest Howey Test News
SEC v Ripple: No smoking gun in Hinman docs
Ripple execs are hyping up the U.S. SEC communications relating to a speech given by Bill Hinman in 2018, in which he said that he did not believe BTC or ETH were securities.
Why aren’t BTC and ETH included in SEC’s charges vs Coinbase, Binance?
Charging the world's two largest exchanges—Coinbase and Binance—poses a question of what makes a digital asset a security following the SEC's refusal to make a similar move against BTC and ETH.
SEC sues Binance for ‘calculated evasion’ of US securities law
The U.S. Securities and Exchange Commission (SEC) filed 13 charges against Cayman-registered Binance Holdings Ltd, Delaware-registered BAM Trading Services—which operates the U.S.-facing Binance.US digital assets exchange—and Changpeng Zhao.
SEC and Ripple face off over fair notice defense
The U.S. Securities and Exchange Commission and Ripple have exchanged filings over one of Ripple’s most prominent defenses against accusations it illegally offered unregistered securities in connection with XRP.
Ethereum is a security—CFTC is wrong
As per the legal opinion of both the chairman of the Securities and Exchange Commission and the New York Attorney General, Ethereum, and most other tokens sold via ICO, are unregistered securities.
Even BTC is a security
To be classified as a security, the "investment," the "efforts," and the "third party" identified in the Howey test should not be completely unrelated to any interest in the "common enterprise."
Is the SEC catching on to the BTC decentralization myth?
Gary Gensler recently gave an interview to the New York Magazine in which he had some revealing things to say about Bitcoin and its knockoffs, and in particular whether or not they are securities.
Bitcoin and Securities: Law is coming
Liberty begins with personal responsibility leading to a culture of responsibility—have we seen this in the blockchain space? No, not by a long mile, Bitcoin Historian Kurt Wuckert Jr. writes.
Dapper Labs faces raps over NBA Top Shot NFTs allegedly breaching securities laws
A U.S. District Court finds the NBA Top Shot Moments NFTs have elements of being security based on the Howey test, thereby violating the securities laws, a ruling slammed by Dapper Labs.
‘Crypto’ is an obstacle to blockchain and DLT
The 'crypto' industry got in the wrong direction long ago and has gone too far by turning the original Bitcoin into a multitrillion-dollar gambling of speculations over other people's speculations.
Judge rules against LBRY in securities case: what does it mean for Ripple?
LBRY lost its battle against the SEC following a federal judge's ruling that the LBC tokens are securities, sending a signal that Ripple may likely face the same fate.