According to Bitcoin bull Michael Saylor, all tokens backed by PoS networks are essentially non-compliant securities.
by U.S. Senators such as Kirsten Gillibrand and Cynthia Lummis, along with figureheads from the Securities and Exchange Commission and the Commodities Futures Trading Commission .
“I think Ethereum is a security, I think it’s pretty obvious, [...] it was issued by an ICO, theres a management team, there was a pre-mine, there’s a hard fork, there’s continual hard forks, there’s a difficulty bomb that keeps getting pushed back.” According to Saylor, for a digital asset to be classified as a commodity, it needs to be backed by a “completely decentralized protocol where nobody can change it even if they wanted to change it.”
Securities are generally understood as fungible and tradable financial instruments that are used to raise capital in public or private markets. While commodities are seen as goods or assets that have a monetary utility. Assets like gold and silver are seen as hard commodities, while soft commodities are goods such as rice or tea.
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