Re:“But the SEC let us go public” and other flawed arguments...
by JumpCrisscross on Tuesday June 13, 2023 @02:32AM
(#36306328)
In 2017, the SEC issued the DAO Report [1]. It—together with guidance around ICOs—made the status quo per the SEC super clear. Investigations and enforcement take time, but the rules of the game were known; the industry had been working to change the status quo.
If you want to know whether something is legal or not, you talk to a lawyer or (less reliably) law enforcement. When Coinbase asked the SEC if it needed to register, without—to my knowledge—exception, it said yes.
[1] https://www.sec.gov/litigation/investreport/34-81207.pdf
Before that afaik the only cryptocurrency the sec had explicitly said was a security was XRP which coinbase delisted