Ok TPTB, your concerns have caused me to do a search of the SEC website to determine my best interpretation of current law and guidance as issued by the SEC themselves. I'll quote what I think are the most interesting sections of each.
tl;dr: As long as none of the 'insiders', as you call us (mods, devs, public personalities) are directly offering these assets for sale, are calling them "investment opportunities", or claiming they carry no risk I think everyone is in the clear. I would expect non-'insiders' would be even further in the clear as the SEC has firmly established by precedent that as long as cryptocurrencies don't claim to represent ownership in any venture, they are exempt from classification as securities.
To the details, I found this "concern" letter published:
https://www.sec.gov/comments/s7-06-13/s70613-504.pdf Obviously, clearly, cryptocurrency technology shows us the future of all financial securities and issuers.
The definition of “issuer” today revolves around promises to investors that if they buy securities issued
by the issuer that they will share equitably and materially in the future financial gain (or losses) created
by the issuer. The SEC has declared that cryptocurrency might be deemed a “security” based on facts
and circumstances in each instance, but that if the cryptocurrency is not being offered as a security then
the fact that it may be created, issued and verified technically by a single party does not cause the issuer
of the cryptocurrency to be deemed an “issuer” of securities. One of the practical implications of being
an “issuer” of securities rather than an issuer of cryptocurrency is that anyone who buys directly from
an issuer must “qualify” as a buyer (e.g. an “Accredited” investor, or pursuant to JOBS Act Rules) or
the buyer must legitimately be “friends and family” of the securities issuer. Another key difference is
the requirement for the direct buyers to comply with Rule 144 and/or Rule 145 prior to future resales of
the securities in the public secondary market. Issuers of cryptocurrency can create their own self-hosted
or cloud-hosted public secondary market, whereas “issuers” of “securities” must (currently) rely on the
existing public financial markets created by brokers, exchanges and alternative trading systems (ATS).
Here's a direct link to Rules 144 and 145 elaboration:
http://www.sec.gov/info/smallbus/secg/rules144-145-secg.htm Second, here's an article directly written by the SEC warning investors of Ponzi schemes conducted with cryptocurrencies. The smoking gun here is that
by the SEC's own language they make clear distinctions in the language they use between cryptocurrencies and the "investments" that can be made
with these currencies:
http://www.sec.gov/investor/alerts/ia_virtualcurrencies.pdf
We are concerned that the rising use of virtual currencies
in the global marketplace may entice fraudsters to lure
investors into Ponzi and other schemes in which these
currencies are used to facilitate fraudulent, or simply
fabricated, investments or transactions. The fraud may
also involve an unregistered offering or trading platform.
these schemes often promise high returns for getting in
on the ground floor of a growing Internet phenomenon.
Fraudsters may also be attracted to using virtual
currencies to perpetrate their frauds because transactions
in virtual currencies supposedly have greater privacy benefits
and less regulatory oversight than transactions in
conventional currencies. Any investment in securities in
the United states remains subject to the jurisdiction
of the SEC regardless of whether the investment is made
in U.S. dollars or a virtual currency. In particular, individuals
selling investments are typically subject to federal or state licensing requirements
From what I can tell here, as long as you are a promoting an actual cryptocurrency which acknowledges the risks you face, doesn't claim to represent ownership in anything, and doesn't propose to be its own trading platform you are good. Especially considering they have already released guidance on this (so if you run a Bitcoin ponzi now you have no excuse; you will face charges) then it would seem they have established legal precedent for people innocently speculating in actual currencies themselves.
I can't find any dangerous language there; everything makes me feel like everyone involved in building and promoting a cryptocurrency is on legally solid ground.
Finally, another link where the SEC has moved to prosecute someone who ran an exchange that sold crypto-stocks (not the raw currencies):
http://www.sec.gov/News/PressRelease/Detail/PressRelease/1370543655716 This further draws the line in the sand between what is defined as a security and what is not. The fact that US based exchanges such as Poloniex and Coinbase have not had to register as securities exchanges is enough to draw conclusions to this fact, and consistent language like we see here just solidifies the case.
I feel confident and comfortable that no rational decision by the SEC can come to the conclusion that Monero or Aeon is anywhere near a Security. For sure no other users are affected and should feel free to speculate as much as they like, but I'm not a lawyer so this is a non-professional opinion. As I have said, going forward I personally will abide by some self-imposed rules (even though I suspect I would be fine even if I did not). I will not refer to either of these as an "investment opportunity" or being "without risk" and will publicly disclose that I own significant amounts (if I can ever *acquire* significant amounts of either!
). I also will not be offering any cryptocurrency for sale (
and I recommend smooth do not either, but that is up to him).
Ok, so let's wrap up this legal debate and get back on topic. If you have any closing comments, you are welcome to make them. I'll cross post this comment to your topics, tptb, and if you want to continue the debate we can there.