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Re:$600M taken in largest DeFi hack to date by arcticbull on Wednesday August 11, 2021 @03:27AM (#28139087)
Ethereum definitely was, they just decided not to enforce the rules. Gensler I think recently re-iterated as much. And I don't really care the classification, I care that they're traded in a regulated venue. After all the CFTC has clear jurisdiction over ETH and BTC today.

> The SEC hasn't declared them currencies but neither are they securities.

They are commodities and fall under the purview of the CFTC, and are subject to their regulation.

> Ethereum launched as a network where you could perform functional operations more complex than Bitcoin, and was a bit before the SEC got its evaluation rules together (from what I understand), and so may have slipped under the radar; but it certainly wasn't a pump-and-dump scheme like many other ICOs have been.

Nope, they failed the Howey test which is the legal standard for determining whether something is a security. This was because they raised capital in their ICO. It was at the SECs discretion not to treat them as securities. Just because something isn't a pump-and-dump doesn't mean it's not a security. In fact, one would expect most securities not to be given it's kind of illegal. [1]

I know it is today considered a commodity, however, it was always a security as determined by the Howey test. The SEC elected not to treat it as one at its discretion.

[1] https://bitcoinist.com/secs-gary-gensler-crumbles-when-asked...

Re:$600M taken in largest DeFi hack to date by jcrites on Wednesday August 11, 2021 @03:33AM (#28139125)
I think you are mistaken about Ethereum being classified as a security. This is just a quick Google search for the first result but:

> On Thursday, June 14, 2018, the U.S. Securities and Exchange Commission’s (SEC) Director of Corporate Finance, William Hinman (Hinman), announced that the commission would not be treating Ether or Bitcoin as securities. The SEC’s announcement is in line with the recent comments of SEC Chairman, Jay Clayton, who recently noted the difference between cryptocurrencies and digital tokens, saying that cryptocurrencies as “replacements for sovereign currencies” were not securities, while digital assets revolving around a venture are often securities.

https://cassels.com/insights/sec-declares-bitcoin-and-ether-....

Maybe you meant to say that it just escaped being classified as a security, but as far as I can tell it's a commodity at present.

Re:$600M taken in largest DeFi hack to date by arcticbull on Wednesday August 11, 2021 @03:40AM (#28139174)
> Maybe you meant to say that it just escaped being classified as a security, but as far as I can tell it's a commodity at present.

Indeed it is today considered a commodity. This is broadly what I was getting at, yes.

I encourage you to review the Howey test however as it is the framework ordinarily used for making this determination. [1]

[1] https://www.investopedia.com/terms/h/howey-test.asp