So like I said: If Ethereum came out today, it would be deemed an illegal security by US law.
I guess Ethereum holders lucked out with this one. I guess they did this to not screw up the current market, but I also think someone with SEC influence is bagholding ETH and this was in their interest.
At the end of the day they are screwing up the people that could get rich from investing in something very early to save the idiots that cannot do research. Once again government regulators screwing up those that put the work (to do the research) vs these that don't put the work and invest in obvious scams such as Bitconnect
I agree.
This is the unfortunate aspect of the law.
And, the unintended consequence is many of blockchain projects will move outside of the United States so that they can raise capital prior to Network Launch.
The overall conclusion is that the SEC is losing money by missing on potentially the next big gem that happens through ICO means of raising capital. Who knows? Not 100% ICOs have to be scams, some are legit, and these few (which people here could find and invest in) are not going to take place in US as you said. As always regulations kicks out innovation.
It will avoid some idiot in investing on the next Bitconnect doing 0 research but said idiot will always find a way to invest in any other scam, just like the smart guy (that of course doesn't qualify as "qualified investor") will still find ways to invest even if they are US citizens.
The net result is the same, they are just annoying people that actually put work in research.
Im not sure if a VPN will be enough to invest on non US hosted ICOs as a US resident or they will also ask for ID+picture, but im sure they will find a workaround.
I believe his speech was not necessarily so positive because, on the other hand, the director stated everything you put money with intention to sell higher is a security, so everything else can be a security.
There is a lot of nuance determining whether something is a security.
There are plenty of things you can buy with expectation it will go up in value that aren't securities. This expectation is one of several criteria.
The emphasis in this ruling is whether after Network Launch the network is decentralized, where it isn't controlled by a "third party". He said in the case of the Bitcoin and Ethereum networks these were adequately decentralized, and therefore, wasn't controlled by a third party thus making these not securities.
In contrast, Ripple and EOS are controlled by a central authority, which means they may be considered securities.
Ethereum is decentralized? Vitalik has enough power in Ethereum that it appears centralized to me.