Why do you expect Bitcoin to be excepted from being labelled a security along with the rest? (Apologies if the answer is obvious to those who know more about the subject than me, am just genuinely curious)
No, it’s not obvious; it’s a perfectly legitimate question. Here’s the Howie test, the criteria established by the Supreme Court for security classification:
An investment of money
In a common enterprise
A reasonable expectation of profit
Derived from the efforts of others
Bitcoin’s biggest difference from other Crypto securities are #2 and #4. Bitcoin is common, but it’s not exactly an “enterprise.” There’s no organization or group working on it in an attempt to increase it’s value, the way, for example, the Ethereum foundation attempts to increase the economic value of ETH. There are the core devs, but the authority they have to actually change the software is much, much lower, requiring massive agreement across the board from miners and nodes.
And for #4, while it is the miners efforts that create security for the network, it’s not as direct as the members of other crypto projects actively working, for profit, on the software. The profit comes from Bitcoin’s increasing network of users who decide to store their economic value in it, not because it’s becoming a more and more useful piece of software as people improve it (like, say, what happens in a traditional equity like google or microsoft).
The main thing… Who exactly would be required to register Bitcoin with the SEC? Who would file the S1 disclosure with Bitcoin? Who would the SEC sue if “Bitcoin” was an unregistered security? There was no IPO (well, ICO I guess). There’s no foundation. There are no stakeholders; since Bitcoin is PoW.
Why do you expect Bitcoin to be excepted from being labelled a security along with the rest?
(Apologies if the answer is obvious to those who know more about the subject than me, am just genuinely curious)
No, it’s not obvious; it’s a perfectly legitimate question. Here’s the Howie test, the criteria established by the Supreme Court for security classification:
An investment of money
In a common enterprise
A reasonable expectation of profit
Derived from the efforts of others
Bitcoin’s biggest difference from other Crypto securities are #2 and #4. Bitcoin is common, but it’s not exactly an “enterprise.” There’s no organization or group working on it in an attempt to increase it’s value, the way, for example, the Ethereum foundation attempts to increase the economic value of ETH. There are the core devs, but the authority they have to actually change the software is much, much lower, requiring massive agreement across the board from miners and nodes.
And for #4, while it is the miners efforts that create security for the network, it’s not as direct as the members of other crypto projects actively working, for profit, on the software. The profit comes from Bitcoin’s increasing network of users who decide to store their economic value in it, not because it’s becoming a more and more useful piece of software as people improve it (like, say, what happens in a traditional equity like google or microsoft).
Even still, it’s certainly murky.
Gary Gensler has stated Bitcoin alone is a commodity a few times: https://www.coindesk.com/layer2/2022/06/28/secs-gensler-reiterates-bitcoin-alone-is-a-commodity-is-he-right/
The main thing… Who exactly would be required to register Bitcoin with the SEC? Who would file the S1 disclosure with Bitcoin? Who would the SEC sue if “Bitcoin” was an unregistered security? There was no IPO (well, ICO I guess). There’s no foundation. There are no stakeholders; since Bitcoin is PoW.