I definitely wouldn't feel comfortable proclaiming with any certainty that Bitcoin or Ethereum or even ICOs were definitely going to fall afoul of the SEC. My understand is that the SEC is generally a lot smaller than "we" think it is and it's sort of a random function. Cryptocurrency is super important to HN, but the SEC's definition of "systemically important" is different than ours.
Their mandate is to protect unsophisticated investors. That's why they weren't particularly interested in Madoff, and why the rules are so much laxer if you target "accredited investors."
Given that mandate, I think it's highly unlikely that they're going to go after romping, runaway successes. They'll focus on blatant pig-in-a-pokes.
I'm using quotes because that's code for unsophisticated investors, the very group the SEC is supposed to protect.
Could you elaborate? Why do you think that the SEC has made a final policy decision on crypto/ICO?
If the SEC was going to come down like a ton of bricks they would have done so already. I could be wrong, but their actions seem to demonstrate that they're taking a very measured, careful approach to coming up with a regulatory framework.
My comment was a reaction to other comments, not the statement from the SEC - which actually doesn't say much either.