đš THE US SAYS IT WANTS CRYPTO INNOVATION â SO WHY IS IT STILL USING A 1940s TEST? đâïž
Washington keeps repeating the same line: âWe want crypto innovation to stay in the US.â
But actions tell a different story.
Right now, the backbone of US crypto regulation is still the Howey Test â a legal framework from 1946, designed for orange groves, not blockchains. đâĄïž
âïž
Hereâs the contradiction đ
âą Crypto is global, permissionless, and software-based
âą Howey was built for centralized investment contracts
âą Regulators apply it retroactively, via enforcement â not clarity
âą Builders get lawsuits instead of rulebooks
The result?
â ïž Innovation freezes
â ïž Legal risk skyrockets
â ïž Startups leave the US
â ïž Capital follows them
Meanwhile, regions like the EU (MiCA), UK (FCA framework), and Asia are rolling out forward-looking, tailored crypto rules â while the US keeps stretching an old test to fit a new world.
Why this matters
Markets donât fear regulation â they fear uncertainty.
You canât build trillion-dollar infrastructure when the rules are guessed after you launch.
If the US truly wants to lead:
âą Modern rules must replace legacy tests
âą Legislation must come before enforcement
âą Innovation needs clarity, not courtroom precedent
Crypto wonât wait.
Capital wonât wait.
Builders wonât wait.
And the longer the US clings to an orange-era test, the more of the future it risks exporting. đđž
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