@article{50170,
      recid = {50170},
      author = {Khader, Hamdee,},
      title = {The Inadequacy of Current Digital Asset Statutes and Why a  Large Subset of Digital Assets are not Securities.},
      pages = {1 online resource (pages 359)},
      abstract = {Congress has failed to pass adequate legislation  pertaining to digital assets and cryptocurrencies, ranging  from directly regulating the sector to establishing a new  agency or explicitly granting authority to an existing  agency such as the Securities and Exchange Commission  (“SEC”) to regulate the sector. In the absence of  comprehensive statutes specific to digital assets and  cryptocurrencies, the SEC has taken an active and  controversial role in policing the digital asset and  cryptocurrency sector in what is being labeled as  “Regulation by Enforcement” or “Rulemaking by Enforcement.”  Furthermore, the digital asset and cryptocurrency sector is  still a nascent and emerging sector. The sector’s infancy,  the wide-ranging and diverse characteristics of these  assets, the presence of a hostile regulator, and the  misunderstood orientation within the digital asset sector  itself are all factors that have resulted in industry  participants being left in the dark. This paper will  provide an overview of blockchain technology, introduce  optimal definitions and classifications for digital assets  and cryptocurrencies, expand upon the inadequacies of  current statutes that pertain to digital assets and  cryptocurrencies, and explain why a large subset of digital  assets are not securities under the Howey test.},
      url = {http://tind.wipo.int/record/50170},
}