It was a seemingly innocent act, similar to a Foot Locker employee purchasing a pair of Air Jordans with his employee discount before the sneakers hit the shelves — right? And U. Sign up here to receive it every Thursday. Legal measures against crypto insider trading are still fuzzy, particularly at this time when the industry produces new utility tokens, NFTs and altcoins every day.
Innovation is constant in the crypto world, happening organically to meet new needs and build solutions, and often through significant venture capital funding. The crypto scene is tight-knit. Are independent actors setting the price or is the promoter supporting the secondary market for the asset or otherwise influencing trading? Is it clear that the primary motivation for purchasing the digital asset is for personal use or consumption, as compared to investment? Have purchasers made representations as to their consumptive, as opposed to their investment, intent?
Are the tokens available in increments that correlate with a consumptive versus investment intent? Are there built-in incentives that compel using the tokens promptly on the network, such as having the tokens degrade in value over time, or can the tokens be held for extended periods for investment? Is the asset marketed and distributed to potential users or the general public?
Are the assets dispersed across a diverse user base or concentrated in the hands of a few that can exert influence over the application Is the application fully functioning or in early stages of development? How much decentralization is sufficient to make a token not a security? How will decentralization be measured? Will it be measured by how distributed token ownership is?
Or the distribution of hashrate for proof-of-work networks? Will the distribution of nodes be a factor? These questions and more will start to be answered on a case by case basis as the SEC and other regulators analyze the various economic realities of digital assets moving forward.
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