On Thursday, June 14, 2018, the U.S. Securities and Exchange
Commission's (SEC) Director of Corporate
Finance, William Hinman (Hinman), announced that
the commission would not be treating Ether or Bitcoin as
securities. The SEC's announcement is in line with the recent
comments of SEC Chairman, Jay Clayton, who recently noted the
difference between cryptocurrencies and digital tokens, saying that
cryptocurrencies as "replacements for sovereign
currencies" were not securities, while digital assets
revolving around a venture are often securities.
The SEC's announcement was delivered via a speech by Hinman
at Yahoo Finance's All Market Summit: Crypto (a transcript of
which can be found here), where Hinman spoke in
depth about how securities laws apply to digital assets. His
comments focused on how the entire economic reality of any given
digital asset must be considered. In making this point, Hinman
likened utility tokens to the oranges being grown on the parcels