Proof-of-Work Crypto Mining Doesn’t Trigger Securities Laws, SEC Says

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https://www.coindesk.com/policy/2025/03/20/proof-of-work-crypto-mining-doesn-t-trigger-securities-laws-sec-says

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SEC declares PoW mining out of its jurisdiction

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The SEC said that Thursday’s statement is “part of an effort to provide greater clarity on the application of the federal securities laws to crypto assets” — something the industry has been pushing for for years. Under the new leadership of Acting Chair Mark Uyeda, who established a Crypto Task Force spearheaded by crypto-friendly Commissioner Hester Peirce, the agency has rapidly begun reversing course on its approach to crypto, dropping lawsuits and investigations started under Gensler and repealing the controversial Staff Accounting Bulletin 121.

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The statement, published by the SEC’s Division of Corporation Finance, declared that both solo proof-of-work crypto mining and pooled proof-of-work crypto mining do not meet the definition of a securities transaction under the Howey Test — the legal framework used to determine whether a transaction represents an investment contract — because they are “not undertaken with a reasonable expectation of profits to be derived from the entrepreneurial or managerial efforts of others.”

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