It is the same as before, if it's not a security, they don't care.
How do we define "security" really?
Under the Howey Test, a transaction is an investment contract if:
It is an investment of money
There is an expectation of profits from the investment
The investment of money is in a common enterprise
Any profit comes from the efforts of a promoter or third party
http://consumer.findlaw.com/securities-law/what-is-the-howey-test.htmlThank you for the "Howey Test". Now, we need to clearly define money:
Option 1) Look up the official definitions.
Option 2)
(Preferred) The day this forum was started (for example), was Bitcoin considered "money" in the eyes of "the law"?
Either way, BTC clearly had no real-world "value" at that time.
Exactly, when did Bitcoin become "money" (or property, Hello IRS), and why?
Americans can now buy ICOs?
We are not banned from buying tokens.
More importantly, American companies are not allowed to get funding from their own ICO, unless they are very foolish or moving soon to another country more friendly to business.
(3) “monetary instruments” means—
(A) United States coins and currency;
(B) as the Secretary may prescribe by regulation, coins and currency of a foreign country, travelers’ checks, bearer negotiable instruments, bearer investment securities, bearer securities, stock on which title is passed on delivery, and similar material; and
(C) as the Secretary of the Treasury shall provide by regulation for purposes of sections 5316 and 5331, checks, drafts, notes, money orders, and other similar instruments which are drawn on or by a foreign financial institution and are not in bearer form.
