Then it's a no-brainer to test whether it's possible to make a non-security token that still retains some of the benefits of crypto tokens.
I am working on a crypto token designed to avoid the bad incentives and legal issues with current ICOs that might make a good test case:
* Token provides immediate practical benefit (collaboration on important data using distributed storage, narrowing focus from Sia, Storj, Filecoin, etc) from day one
* Token sold in small tranches over an extremely long time period, ideally at stable price
* No intermediate ERC20 or similar token pre-sale
* Pre-mined tokens (eventually sold) make up small fraction of total supply
For the Howey Test, I think it's most reasonable to aim for either no expectation of profit or no common enterprise.
If anyone is interested in helping test this, contact me!