You're not correct. I think, less than 50% of ICOs are not securities. But the way to prove is exactly this: ask a lawyer
Re:SEC Shuts Down Munchee ICO
by dc_gregory on Tuesday December 12, 2017 @05:31PM
(#15910110)
I think if you hold a non-obvious position like this, it'd be great to explain your reasoning. I am def. curious as to what you think here!
Pretty much, yes. Securities are defined very broadly in the US.
Why does it surprise you that these are securities? They very obviously are selling a security to investors, who are purchasing it because they expect the price to increase. Open-and-shut case.
The fact that there's crypto involved is irrelevant.
It really sounds like people are trying to pretend these laws don't apply because they disagree with the laws in question. Which is fine, but let's not pretend like there's any ambiguity here, because there's not. It's extremely clear that almost all ICOs are securities, and if you asked a lawyer I'm 100% sure that's what they would tell you.