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Re:SEC tightens the noose on ICO-funded startups by CryptoPunk on Wednesday October 10, 2018 @06:31PM (#18189520)
Courts create common law, which determines how statutory laws are interpreted.

>>A security doesn't require a common enterprise, it simply requires that one thing represents an interest in something else.

Investment into a common enterprise is the second prong of the Howey Test.

Re:SEC tightens the noose on ICO-funded startups by gamblor956 on Wednesday October 10, 2018 @07:55PM (#18189970)
True, but the Howey test is not the the sole test of determining what a security is. Context matters.