The reasons why crypto-based securities are high risk is clearly because they aren't approved by the SEC, and so far there has been no regulation surrounding them, at least no relevant legislation.
I also think this is merely further clarity after the exchanged-based staking-related change up, that exchanges can't offer a %, only the crypto protocol in itself can.
The problem is SEC itself is unable/unwilling to clearly define what falls into definition of crypto-based security. There's not much clarity in that statement neither.
They've already hinted in the past that even well-known cryptos like ETH may actually be securities. If, for all those years SEC themselves cannot provide a clear rule, then how can any crypto-business potentially comply to their rules?
Indeed, very good point. I think they are mainly unable and unwilling as they quite simply don't know/understand what constitutes a security, in regards for cryptocurrencies. For example if they could charge the Ethereum protocol itself as being a security because of APY from staking, then they probably would, but obviously there is no company responsible for this offering (and it's not a guarantee either).
The recent case with Paxos being ordered to stop minting new BUSD tokens, because they may fall into the definition of security, shows how loosely they use that definition.
The most accepted method of determining if something is security or not, is the Howey test, which has 4 conditions:
1 - An investment of money
2 - In a common enterprise
3 - With the expectation of profit
4 - To be derived from the efforts of others
No stable coin, by definition, bears any expectations of profit - yet, that didn't stop SEC/NYDFS from going after Paxos.
This is all very true. I also think Paxos will end up fighting this accusation of BUSD being a security, on the very basis it can't be. To me this case just seems like they are "testing the water" as to what they can claim is a security and what is not, unless there is something about Paxos/BUSD that we don't know about. Maybe there was borrowing/lending going, or it was "staking" options from centralised providers?
Notably, they didn't try go after the bigger stablecoins like USDT/USDC, so seems like they were targeting small fish instead, as I said to test the water here. That's just my interpretation of it anyway. Having stablecoins deemed illegal forms of producing (and potentially inflating) fiat currencies seems like a simpler root to shutting them down at least. But that involves new laws I imagine.