SEC shows support for ICOs that are not obviously securities
techcrunch.com
techcrunch.com
It's not terribly surprising either. Regulatory agencies have limited resources, so they must necessarily focus their efforts on actors that cause the most damage or openly violate the rules. But it would be a stretch to say they show support for all the other ICOs they don't go after.
I do not know the author, but this is kind of an embarrassment to be considered journalism.
A much better read would be Fred Wilson’s thoughts on the matter:
It's that category that the SEC appears uninterested in. Some ICOs (like Brave's) are tokens that entitle you to goods or services on the platform in the future. These are effectively currency scrip (or "gift cards" in the article's terminology), and the SEC seems to consider them outside its jurisdiction.
I suppose the only functional difference between ICOs and gems from clash of clans is that you can resell your tokens on a secondary market because of the decentralized nature of the system. But so what?? It's a solution to a problem that never existed.
If not, why buy them now?
If yes, doesn't that trigger the Howey test?
The interesting thing about ICOs in this category is that there's a potential secondary market, so if there turns out to be significant scarcity, the price may rise, but if not, it's worthless (other than for its intrinsic value). But this isn't all that different from GMail invites circa 2004.