Only the US has an SEC institution trying to do this? I'm not sure any of this would work. US citizens would just change their IP making it pointless to try and filter by IP. Anyone determined enough to invest will invest even if by pass-through entities that invest on behalf of US citizens.
It is similar to the the gambling scenario - all you need is a good faith effort to turn Americans away. It will not be enough to have a "check this box if you are not an American" kind of thing, but an IP filter should be enough. Yes someone could bypass it, but you are no longer legally liable because you did all you could. It's all about the good faith effort.
I spoke with someone on the phone from the SEC and they said there are international IPOs with domestic US companies all the time (where they bar US investors). So it doesn't seem like to far of a stretch...
As far as I know the JOBs Act is actually working in the US on a state by state basis. Individuals in certain states can start businesses and rely on their state laws to do equity crowd funding prior to a decision by the SEC.
Well the JOBS Act is federal law, but as you pointed out states appear to be able to have their own rulings on the matter. I didn't know states were willing to deviate from the federal statute. Hopefully Georgia isn't an exception to the rule. Lemme go check NY....
I don't think it's a big deal but I do think the US likes to over regulate to protect the unsophisticated investor which actually will hurt the economic growth of the US. If you don't launch your business in the US because of this then that is case in point.
True story.