CTF Written Submission

Bitcoin: Look Again

April 9, 2025
  • 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.

  • 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.

  • 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