An investment contract exists if there is an “investment of money in a common enterprise with a reasonable expectation of profits to be derived from the efforts of others.”
And just to be absolutely clear, many cryptocurrencies do not qualify as investments, and the government agrees. However there are numerous other regulations that the crypto industry apparently cannot handle, such as “Know Your Client” laws, which all financial institutions have to abide by, and which exist to prevent money laundering (Binance’s internal emails revealed that they knew perfectly well that their clients were using their service to facilitate crime, and they were perfectly happy with that).
These are not bad faith regulations. They exist for good reasons, and there is absolute no good reason why the crypto industry shouldn’t also be subject to them. If these are currencies they should be regulated like currencies. If they are investments they should be regulated like investments.
