The SEC uses the Howey Test for crypto and another, even worse problem, the NFT’s, to determine if they are a security or not.
“Promoters are marketing and the investing public is buying most of these tokens, touting or anticipating profits based on the efforts of others,” Gensler said in a Sept. 8 statement.
If a transaction is found to be an investment contract, then it’s considered a security. Then, US securities laws would apply. Caveat emptor to all those crypto and NFT operators and promoters breaking the laws. Your time has come. Get ready.