I don't think Kickstarter was clear-cut legal, either, was it? I think they needed to have a law passed that essentially legalized "crowdfunding".
Here are the new rules: For income below $100,000, invest a max of $2,000 or 5% of income or net worth For income over $100,000, invest a max of 10% of income or net worth Investments made in a Title III crowdfunding transaction can’t be resold for a period of one year