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1) I'M NOT A REGULATOR, THIS IS NOT LEGAL ADVICE but: my current best guess is consistent what says: that the CFTC will regulate spot + futures for non-security tokens, and the SEC will regulate spot + issuance of tokens that are securities
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3) It seems pretty likely that BTC, ETH, and many forks/variants will not be securities; and that many other tokens will be securities. (How about other large tokens? Or futures or swaps on security tokens? Or tokenized stocks? And what exactly is a stablecoin? We'll see!)
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It would be reasonable if they provide clear guidance on how to determine a security vs. commodity as it relates to crypto. It's insane to me they namedrop two tokens and then you have to guess whether ETH like tokens (SOL, AVAX, OP, STARK, etc.) are also commodities then or not
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Like how are we supposed to know whether it's because of some arbitrary decentralization requirement or because of the underlying structure of PoW/PoS tokens or because of both? It's literally guess work unless they are more specific
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