Bitcoin: Look Again
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Bitcoin should be reconsidered as a security under the Howey Test, given its nature as an investment contract and the collective for-profit undertaking of the Bitcoin network.
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The SEC should disavow previous statements that include concepts of decentralization to justify limited regulation of digital assets, as Bitcoin and other network tokens are not decentralized.
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Other network tokens, similar to Bitcoin, also pass the Howey Test and should be considered securities, requiring full and fair disclosure for investors and the public.
Last Reviewed or Updated: April 9, 2025