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They've explained their reasoning in various spots. For example:

https://www.axios.com/2022/06/28/bitcoin-is-the-only-coin-th...

> Elsewhere in the speech, Hinman explained: "If the network on which [a] token or coin is to function is sufficiently decentralized — where purchasers would no longer reasonably expect a person or group to carry out essential managerial or entrepreneurial efforts — the assets may not represent an investment contract."




"Sufficiently...may..." but even the SEC themselves will not tell you whether Ethereum qualifies or not. That is not rule of law.


Sure it is. The SEC alleges a violation of the law. The courts decide if they are right at trial.

Eth is fairly uniquely complicated by the fact that it probably went from security to commodity before they could get smacked for the security period.




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