- John Deaton revisited an old post of his on why digital assets cannot be regarded as securities.
- The lawyer argued that secondary sales of digital assets cannot be securities, pointing to several U.S. court decisions.
- His post comes in reaction to Cardano’s Charles Hoskinson complaint about the SEC’s application of the investment contract rule.
In a recent post on X, John Deaton revisited an old post of his on why digital assets cannot be regarded as securities. His post follows a video by Cardano founder Charles Hoskinson, expressing his frustration with the U.S. Securities and Exchange Commission’s application of the investment contract theory.
In a thread posted in April, Deaton argued that “investment contract” is one of the most misunderstood legal terms. Noting the definition included in the Securities Act of 1933, the crypto lawyer mentioned that digital assets or software codes were not listed as securities.
He continued by listing cases where U.S. courts have ruled digital assets as not qualifying as securities, including Ripple’s recent victory and the SEC’s lawsuit against Telegram. He noted that the key term in those cases was…
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