Re:Coinbase Sued by SEC for Breaking US Securities Rules
by taeric on Tuesday June 06, 2023 @12:39PM
(#36215463)
Ah, completely agreed. But we can't lean on "it is easy, the Howey test explains all" without a huge caveat.
I will note that this particular path is treading on the "lets write down every edge case." As such, it would be better to have a slightly stronger guideline than that. Specifically, when the law is "this test, except for specific carve outs that all fail the test", that is a pretty bad law. Unless there is some unification of the carve outs other than "we decided these don't apply."
This is how the system works. "Code is law" does not apply to actual law; it's a long history of interpretation, wiggle room, precedent, legislative intent, and common sense being applied in various amounts. It works pretty well, all things considered; far more than trying to explicitly write down every little edge case.