.GeorgetownLaw professor AdamLevitin says a post-Merge ether $ETH might just be a security. Here’s why.
The most convincing counterargument to Levitin’s position may be the one he alluded to himself. If Ethereum is a truly decentralized network, who’s the third-party promoter? Former SEC regulatorin 2018 seem to undermine ETH’s risk of being branded a security on this basis.
. Hinman implied in his 2018 remarks that ether may have been a security at its debut but by then had become sufficiently decentralized to where it was unlikely an investment contract anymore. Hard forks are network upgrades that are not backwards-compatible . Soft forks are changes to a blockchain that are backwards-compatible .
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