This article considers how the SEC currently approaches the question of regulating cryptoassets and ICOs. It includes a brief overview and history of cryptotransactions (including problems of terminology), and then looks at the current crypto space to consider the kinds of interests being promoted today in comparison to Bitcoin and the original altcoins. It then examines the traditional approach taken by the SEC with regard to these interests and explains briefly the kinds of compliant offerings that are currently possible. It then covers the range of reasons why a specialized regulatory approach is called for, rather than simply relying on the conventional investment contract analysis currently being utilized.
Securities Treatment of Tokenized Offerings under U.S. Law,
46 Pepp. L. Rev.
Available at: https://digitalcommons.pepperdine.edu/plr/vol46/iss3/1