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Scott Galloway

Scott Galloway

3 years ago

Attentive

More on Society & Culture

DC Palter

DC Palter

2 years ago

Why Are There So Few Startups in Japan?

Japan's startup challenge: 7 reasons

Photo by Timo Volz on Unsplash

Every day, another Silicon Valley business is bought for a billion dollars, making its founders rich while growing the economy and improving consumers' lives.

Google, Amazon, Twitter, and Medium dominate our daily lives. Tesla automobiles and Moderna Covid vaccinations.

The startup movement started in Silicon Valley, California, but the rest of the world is catching up. Global startup buzz is rising. Except Japan.

644 of CB Insights' 1170 unicorns—successful firms valued at over $1 billion—are US-based. China follows with 302 and India third with 108.

Japan? 6!

1% of US startups succeed. The third-largest economy is tied with small Switzerland for startup success.

Mexico (8), Indonesia (12), and Brazil (12) have more successful startups than Japan (16). South Korea has 16. Yikes! Problem?

Why Don't Startups Exist in Japan More?

Not about money. Japanese firms invest in startups. To invest in startups, big Japanese firms create Silicon Valley offices instead of Tokyo.

Startups aren't the issue either. Local governments are competing to be Japan's Shirikon Tani, providing entrepreneurs financing, office space, and founder visas.

Startup accelerators like Plug and Play in Tokyo, Osaka, and Kyoto, the Startup Hub in Kobe, and Google for Startups are many.

Most of the companies I've encountered in Japan are either local offices of foreign firms aiming to expand into the Japanese market or small businesses offering local services rather than disrupting a staid industry with new ideas.

There must be a reason Japan can develop world-beating giant corporations like Toyota, Nintendo, Shiseido, and Suntory but not inventive startups.

Culture, obviously. Japanese culture excels in teamwork, craftsmanship, and quality, but it hates moving fast, making mistakes, and breaking things.

If you have a brilliant idea in Silicon Valley, quit your job, get money from friends and family, and build a prototype. To fund the business, you approach angel investors and VCs.

Most non-startup folks don't aware that venture capitalists don't want good, profitable enterprises. That's wonderful if you're developing a solid small business to consult, open shops, or make a specialty product. However, you must pay for it or borrow money. Venture capitalists want moon rockets. Silicon Valley is big or bust. Almost 90% will explode and crash. The few successes are remarkable enough to make up for the failures.

Silicon Valley's high-risk, high-reward attitude contrasts with Japan's incrementalism. Japan makes the best automobiles and cleanrooms, but it fails to produce new items that grow the economy.

Changeable? Absolutely. But, what makes huge manufacturing enterprises successful and what makes Japan a safe and comfortable place to live are inextricably connected with the lack of startups.

Barriers to Startup Development in Japan

These are the 7 biggest obstacles to Japanese startup success.

  1. Unresponsive Employment Market

While the lifelong employment system in Japan is evolving, the average employee stays at their firm for 12 years (15 years for men at large organizations) compared to 4.3 years in the US. Seniority, not experience or aptitude, determines career routes, making it tough to quit a job to join a startup and then return to corporate work if it fails.

  1. Conservative Buyers

Even if your product is buggy and undocumented, US customers will migrate to a cheaper, superior one. Japanese corporations demand perfection from their trusted suppliers and keep with them forever. Startups need income fast, yet product evaluation takes forever.

  1. Failure intolerance

Japanese business failures harm lives. Failed forever. It hinders risk-taking. Silicon Valley embraces failure. Build another startup if your first fails. Build a third if that fails. Every setback is viewed as a learning opportunity for success.

4. No Corporate Purchases

Silicon Valley industrial giants will buy fast-growing startups for a lot of money. Many huge firms have stopped developing new goods and instead buy startups after the product is validated.

Japanese companies prefer in-house product development over startup acquisitions. No acquisitions mean no startup investment and no investor reward.

Startup investments can also be monetized through stock market listings. Public stock listings in Japan are risky because the Nikkei was stagnant for 35 years while the S&P rose 14x.

5. Social Unity Above Wealth

In Silicon Valley, everyone wants to be rich. That creates a competitive environment where everyone wants to succeed, but it also promotes fraud and societal problems.

Japan values communal harmony above individual success. Wealthy folks and overachievers are avoided. In Japan, renegades are nearly impossible.

6. Rote Learning Education System

Japanese high school graduates outperform most Americans. Nonetheless, Japanese education is known for its rote memorization. The American system, which fails too many kids, emphasizes creativity to create new products.

  1. Immigration.

Immigrants start 55% of successful Silicon Valley firms. Some come for university, some to escape poverty and war, and some are recruited by Silicon Valley startups and stay to start their own.

Japan is difficult for immigrants to start a business due to language barriers, visa restrictions, and social isolation.

How Japan Can Promote Innovation

Patchwork solutions to deep-rooted cultural issues will not work. If customers don't buy things, immigration visas won't aid startups. Startups must have a chance of being acquired for a huge sum to attract investors. If risky startups fail, employees won't join.

Will Japan never have a startup culture?

Once a consensus is reached, Japan changes rapidly. A dwindling population and standard of living may lead to such consensus.

Toyota and Sony were firms with renowned founders who used technology to transform the world. Repeatable.

Silicon Valley is flawed too. Many people struggle due to wealth disparities, job churn and layoffs, and the tremendous ups and downs of the economy caused by stock market fluctuations.

The founders of the 10% successful startups are heroes. The 90% that fail and return to good-paying jobs with benefits are never mentioned.

Silicon Valley startup culture and Japanese corporate culture are opposites. Each have pros and cons. Big Japanese corporations make the most reliable, dependable, high-quality products yet move too slowly. That's good for creating cars, not social networking apps.

Can innovation and success be encouraged without eroding social cohesion? That can motivate software firms to move fast and break things while recognizing the beauty and precision of expert craftsmen? A hybrid culture where Japan can make the world's best and most original items. Hopefully.

umair haque

umair haque

2 years ago

The reasons why our civilization is deteriorating

The Industrial Revolution's Curse: Why One Age's Power Prevents the Next Ones

Image Credit: Nature

A surprising fact. Recently, Big Oil's 1970s climate change projections were disturbingly accurate. Of course, we now know that it worked tirelessly to deny climate change, polluting our societies to this day. That's a small example of the Industrial Revolution's curse.

Let me rephrase this nuanced and possibly weird thought. The chart above? Disruptive science is declining. The kind that produces major discoveries, new paradigms, and shattering prejudices.

Not alone. Our civilisation reached a turning point suddenly. Progress stopped and reversed for the first time in centuries.

The Industrial Revolution's Big Bang started it all. At least some humans had riches for the first time, if not all, and with that wealth came many things. Longer, healthier lives since now health may be publicly and privately invested in. For the first time in history, wealthy civilizations could invest their gains in pure research, a good that would have sounded frivolous to cultures struggling to squeeze out the next crop, which required every shoulder to the till.

So. Don't confuse me with the Industrial Revolution's curse. Industry progressed. Contrary. I'm claiming that the Big Bang of Progress is slowing, plateauing, and ultimately reversing. All social indicators show that. From progress itself to disruptive, breakthrough research, everything is slowing down.

It's troubling. Because progress slows and plateaus, pre-modern social problems like fascism, extremism, and fundamentalism return. People crave nostalgic utopias when they lose faith in modernity. That strongman may shield me from this hazardous life. If I accept my place in a blood-and-soil hierarchy, I have a stable, secure position and someone to punch and detest. It's no coincidence that as our civilization hits a plateau of progress, there is a tsunami pulling the world backwards, with people viscerally, openly longing for everything from theocracy to fascism to fundamentalism, an authoritarian strongman to soothe their fears and tell them what to do, whether in Britain, heartland America, India, China, and beyond.

However, one aspect remains unknown. Technology. Let me clarify.

How do most people picture tech? Say that without thinking. Most people think of social media or AI. Well, small correlation engines called artificial neurons are a far cry from biological intelligence, which functions in far more obscure and intricate ways, down to the subatomic level. But let's try it.

Today, tech means AI. But. Do you foresee it?

Consider why civilisation is plateauing and regressing. Because we can no longer provide the most basic necessities at the same rate. On our track, clean air, water, food, energy, medicine, and healthcare will become inaccessible to huge numbers within a decade or three. Not enough. There isn't, therefore prices for food, medicine, and energy keep rising, with occasional relief.

Why our civilizations are encountering what economists like me term a budget constraint—a hard wall of what we can supply—should be evident. Global warming and extinction. Megafires, megadroughts, megafloods, and failed crops. On a civilizational scale, good luck supplying the fundamentals that way. Industrial food production cannot feed a planet warming past two degrees. Crop failures, droughts, floods. Another example: glaciers melt, rivers dry up, and the planet's fresh water supply contracts like a heart attack.

Now. Let's talk tech again. Mostly AI, maybe phone apps. The unsettling reality is that current technology cannot save humanity. Not much.

AI can do things that have become cliches to titillate the masses. It may talk to you and act like a person. It can generate art, which means reproduce it, but nonetheless, AI art! Despite doubts, it promises to self-drive cars. Unimportant.

We need different technology now. AI won't grow crops in ash-covered fields, cleanse water, halt glaciers from melting, or stop the clear-cutting of the planet's few remaining forests. It's not useless, but on a civilizational scale, it's much less beneficial than its proponents claim. By the time it matures, AI can help deliver therapy, keep old people company, and even drive cars more efficiently. None of it can save our culture.

Expand that scenario. AI's most likely use? Replacing call-center workers. Support. It may help doctors diagnose, surgeons orient, or engineers create more fuel-efficient motors. This is civilizationally marginal.

Non-disruptive. Do you see the connection with the paper that indicated disruptive science is declining? AI exemplifies that. It's called disruptive, yet it's a textbook incremental technology. Oh, cool, I can communicate with a bot instead of a poor human in an underdeveloped country and have the same or more trouble being understood. This bot is making more people unemployed. I can now view a million AI artworks.

AI illustrates our civilization's trap. Its innovative technologies will change our lives. But as you can see, its incremental, delivering small benefits at most, and certainly not enough to balance, let alone solve, the broader problem of steadily dropping living standards as our society meets a wall of being able to feed itself with fundamentals.

Contrast AI with disruptive innovations we need. What do we need to avoid a post-Roman Dark Age and preserve our civilization in the coming decades? We must be able to post-industrially produce all our basic needs. We need post-industrial solutions for clean water, electricity, cement, glass, steel, manufacture for garments and shoes, starting with the fossil fuel-intensive plastic, cotton, and nylon they're made of, and even food.

Consider. We have no post-industrial food system. What happens when crop failures—already dangerously accelerating—reach a critical point? Our civilization is vulnerable. Think of ancient civilizations that couldn't survive the drying up of their water sources, the failure of their primary fields, which they assumed the gods would preserve forever, or an earthquake or sickness that killed most of their animals. Bang. Lost. They failed. They splintered, fragmented, and abandoned vast capitols and cities, and suddenly, in history's sight, poof, they were gone.

We're getting close. Decline equals civilizational peril.

We believe dumb notions about AI becoming disruptive when it's incremental. Most of us don't realize our civilization's risk because we believe these falsehoods. Everyone should know that we cannot create any thing at civilizational scale without fossil fuels. Most of us don't know it, thus we don't realize that the breakthrough technologies and systems we need don't manipulate information anymore. Instead, biotechnologies, largely but not genes, generate food without fossil fuels.

We need another Industrial Revolution. AI, apps, bots, and whatnot won't matter unless you think you can eat and drink them while the world dies and fascists, lunatics, and zealots take democracy's strongholds. That's dramatic, but only because it's already happening. Maybe AI can entertain you in that bunker while society collapses with smart jokes or a million Mondrian-like artworks. If civilization is to survive, it cannot create the new Industrial Revolution.

The revolution has begun, but only in small ways. Post-industrial fundamental systems leaders are developing worldwide. The Netherlands is leading post-industrial agriculture. That's amazing because it's a tiny country performing well. Correct? Discover how large-scale agriculture can function, not just you and me, aged hippies, cultivating lettuce in our backyards.

Iceland is leading bioplastics, which, if done well, will be a major advance. Of sure, microplastics are drowning the oceans. What should we do since we can't live without it? We need algae-based bioplastics for green plastic.

That's still young. Any of the above may not function on a civilizational scale. Bioplastics use algae, which can cause problems if overused. None of the aforementioned indicate the next Industrial Revolution is here. Contrary. Slowly.

We have three decades until everything fails. Before life ends. Curtain down. No more fields, rivers, or weather. Freshwater and life stocks have plummeted. Again, we've peaked and declined in our ability to live at today's relatively rich standards. Game over—no more. On a dying planet, producing the fundamentals for a civilisation that left it too late to construct post-industrial systems becomes next to impossible, with output dropping faster and quicker each year, quarter, and day.

Too slow. That's because it's not really happening. Most people think AI when I say tech. I get a politicized response if I say Green New Deal or Clean Industrial Revolution. Half the individuals I talk to have been politicized into believing that climate change isn't real and that any breakthrough technical progress isn't required, desirable, possible, or genuine. They'll suffer.

The Industrial Revolution curse. Every revolution creates new authorities, which ossify and refuse to relinquish their privileges. For fifty years, Big Oil has denied climate change, even though their scientists predicted it. We also have a software industry and its venture capital power centers that are happy for the average person to think tech means chatbots, not being able to produce basics for a civilization without destroying the planet, and billionaires who buy comms platforms for the same eye-watering amount of money it would take to save life on Earth.

The entire world's vested interests are against the next industrial revolution, which is understandable since they were established from fossil money. From finance to energy to corporate profits to entertainment, power in our world is the result of the last industrial revolution, which means it has no motivation or purpose to give up fossil money, as we are witnessing more brutally out in the open.

Thus, the Industrial Revolution's curse—fossil power—rules our globe. Big Agriculture, Big Pharma, Wall St., Silicon Valley, and many others—including politics, which they buy and sell—are basically fossil power, and they have no interest in generating or letting the next industrial revolution happen. That's why tiny enterprises like those creating bioplastics in Iceland or nations savvy enough to shun fossil power, like the Netherlands, which has a precarious relationship with nature, do it. However, fossil power dominates politics, economics, food, clothes, energy, and medicine, and it has no motivation to change.

Allow disruptive innovations again. As they occur, its position becomes increasingly vulnerable. If you were fossil power, would you allow another industrial revolution to destroy its privilege and wealth?

You might, since power and money haven't corrupted you. However, fossil power prevents us from building, creating, and growing what we need to survive as a society. I mean the entire economic, financial, and political power structure from the last industrial revolution, not simply Big Oil. My friends, fossil power's chokehold over our society is likely to continue suffocating the advances that could have spared our civilization from a decline that's now here and spiraling closer to oblivion.

Frederick M. Hess

Frederick M. Hess

2 years ago

The Lessons of the Last Two Decades for Education Reform

My colleague Ilana Ovental and I examined pandemic media coverage of education at the end of last year. That analysis examined coverage changes. We tracked K-12 topic attention over the previous two decades using Lexis Nexis. See the results here.

I was struck by how cleanly the past two decades can be divided up into three (or three and a half) eras of school reform—a framing that can help us comprehend where we are and how we got here. In a time when epidemic, political unrest, frenetic news cycles, and culture war can make six months seem like a lifetime, it's worth pausing for context.

If you look at the peaks in the above graph, the 21st century looks to be divided into periods. The decade-long rise and fall of No Child Left Behind began during the Bush administration. In a few years, NCLB became the dominant K-12 framework. Advocates and financiers discussed achievement gaps and measured success with AYP.

NCLB collapsed under the weight of rigorous testing, high-stakes accountability, and a race to the bottom by the Obama years. Obama's Race to the Top garnered attention, but its most controversial component, the Common Core State Standards, rose quickly.

Academic standards replaced assessment and accountability. New math, fiction, and standards were hotly debated. Reformers and funders chanted worldwide benchmarking and systems interoperability.

We went from federally driven testing and accountability to government encouraged/subsidized/mandated (pick your verb) reading and math standardization. Last year, Checker Finn and I wrote The End of School Reform? The 2010s populist wave thwarted these objectives. The Tea Party, Occupy Wall Street, Black Lives Matter, and Trump/MAGA all attacked established institutions.

Consequently, once the Common Core fell, no alternative program emerged. Instead, school choice—the policy most aligned with populist suspicion of institutional power—reached a half-peak. This was less a case of choice erupting to prominence than of continuous growth in a vacuum. Even with Betsy DeVos' determined, controversial efforts, school choice received only half the media attention that NCLB and Common Core did at their heights.

Recently, culture clash-fueled attention to race-based curriculum and pedagogy has exploded (all playing out under the banner of critical race theory). This third, culture war-driven wave may not last as long as the other waves.

Even though I don't understand it, the move from slow-building policy debate to fast cultural confrontation over two decades is notable. I don't know if it's cyclical or permanent, or if it's about schooling, media, public discourse, or all three.

One final thought: After doing this work for decades, I've noticed how smoothly advocacy groups, associations, and other activists adapt to the zeitgeist. In 2007, mission statements focused on accomplishment disparities. Five years later, they promoted standardization. Language has changed again.

Part of this is unavoidable and healthy. Chasing currents can also make companies look unprincipled, promote scepticism, and keep them spinning the wheel. Bearing in mind that these tides ebb and flow may give educators, leaders, and activists more confidence to hold onto their values and pause when they feel compelled to follow the crowd.

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Asher Umerie

Asher Umerie

3 years ago

What is Bionic Reading?

Senses help us navigate a complicated world. They shape our worldview - how we hear, smell, feel, and taste. People claim a sixth sense, an intuitive capacity that extends perception.

Our brain is a half-pool of grey and white matter that stores data from our senses. Brains provide us context, so zombies' obsession makes sense.

Bionic reading uses the brain's visual information and context to simplify text comprehension.

Stay with me.

What is Bionic Reading?

Bionic reading is a software application established by Swiss typographic designer Renato Casutt. The term honors the brain (bio) and technology's collaboration to better text comprehension.

The image above shows two similar paragraphs with bionic reading.

Notice anything yet?

This Twitter user did.

I did too...

Image text describes bionic reading-

New method to aid reading by using artificial fixation points. The reader focuses on the highlighted starting letters, and the brain completes the word. 

How is Bionic Reading possible?

Do you remember seeing social media posts asking you to stare at a black dot for 30 seconds (or more)? You blink and see an after-image on your wall.

Our brains are skilled at identifying patterns and'seeing' familiar objects, therefore optical illusions are conceivable.

Brain and sight collaborate well. Text comprehension proves it.

Considering evolutionary patterns, humans' understanding skills may be cosmic luck.
Scientists don't know why people can read and write, but they do know what reading does to the brain.

One portion of your brain recognizes words, while another analyzes their meaning. Fixation, saccade, and linguistic transparency/opacity aid.

Let's explain some terms.

The Bionic reading website compares these tools.

Text highlights lead the eye. Fixation, saccade, and opacity can transfer visual stimuli to text, changing typeface.

## Final Thoughts on Bionic Reading

I'm excited about how this could influence my long-term assimilation and productivity.

This technology is still in development, with prototypes working on only a few apps. Like any new tech, it will be criticized.

I'll be watching Bionic Reading closely. Comment on it!

Jess Rifkin

Jess Rifkin

3 years ago

As the world watches the Russia-Ukraine border situation, This bill would bar aid to Ukraine until the Mexican border is secured.

Although Mexico and Ukraine are thousands of miles apart, this legislation would link their responses.

Context

Ukraine was a Soviet republic until 1991. A significant proportion of the population, particularly in the east, is ethnically Russian. In February, the Russian military invaded Ukraine, intent on overthrowing its democratically elected government.

This could be the biggest European land invasion since WWII. In response, President Joe Biden sent 3,000 troops to NATO countries bordering Ukraine to help with Ukrainian refugees, with more troops possible if the situation worsened.

In July 2021, the US Border Patrol reported its highest monthly encounter total since March 2000. Some Republicans compare Biden's response to the Mexican border situation to his response to the Ukrainian border situation, though the correlation is unclear.

What the bills do

Two new Republican bills seek to link the US response to Ukraine to the situation in Mexico.

The Secure America's Borders First Act would prohibit federal funding for Ukraine until the US-Mexico border is “operationally controlled,” including a wall as promised by former President Donald Trump. (The bill even mandates a 30-foot-high wall.)

The USB (Ukraine and Southern Border) Act, introduced on February 8 by Rep. Matt Rosendale (R-MT0), would allow the US to support Ukraine, but only if the number of Armed Forces deployed there is less than the number deployed to the Mexican border. Madison Cawthorne introduced H.R. 6665 on February 9th (R-NC11).

What backers say

Supporters argue that even if the US should militarily assist Ukraine, our own domestic border situation should take precedence.

After failing to secure our own border and protect our own territorial integrity, ‘America Last' politicians on both sides of the aisle now tell us that we must do so for Ukraine. “Before rushing America into another foreign conflict over an Eastern European nation's border thousands of miles from our shores, they should first secure our southern border.”

“If Joe Biden truly cared about Americans, he would prioritize national security over international affairs,” Rep. Cawthorn said in a separate press release. The least we can do to secure our own country is send the same number of troops to the US-Mexico border to assist our border patrol agents working diligently to secure America.

What opponents say

The president has defended his Ukraine and Mexico policies, stating that both seek peace and diplomacy.

Our nations [the US and Mexico] have a long and complicated history, and we haven't always been perfect neighbors, but we have seen the power and purpose of cooperation,” Biden said in 2021. “We're safer when we work together, whether it's to manage our shared border or stop the pandemic. [In both the Obama and Biden administration], we made a commitment that we look at Mexico as an equal, not as somebody who is south of our border.”

No mistake: If Russia goes ahead with its plans, it will be responsible for a catastrophic and unnecessary war of choice. To protect our collective security, the United States and our allies are ready to defend every inch of NATO territory. We won't send troops into Ukraine, but we will continue to support the Ukrainian people... But, I repeat, Russia can choose diplomacy. It is not too late to de-escalate and return to the negotiating table.”

Odds of passage

The Secure America's Borders First Act has nine Republican sponsors. Either the House Armed Services or Foreign Affairs Committees may vote on it.

Rep. Paul Gosar, a Republican, co-sponsored the USB Act (R-AZ4). The House Armed Services Committee may vote on it.

With Republicans in control, passage is unlikely.

Sam Hickmann

Sam Hickmann

3 years ago

Token taxonomy: Utility vs Security vs NFT

Let's examine the differences between the three main token types and their functions.

As Ethereum grew, the term "token" became a catch-all term for all assets built on the Ethereum blockchain. However, different tokens were grouped based on their applications and features, causing some confusion. Let's examine the modification of three main token types: security, utility, and non-fungible.

Utility tokens

They provide a specific utility benefit (or a number of such). A utility token is similar to a casino chip, a table game ticket, or a voucher. Depending on the terms of issuing, they can be earned and used in various ways. A utility token is a type of token that represents a tool or mechanism required to use the application in question. Like a service, a utility token's price is determined by supply and demand. Tokens can also be used as a bonus or reward mechanism in decentralized systems: for example, if you like someone's work, give them an upvote and they get a certain number of tokens. This is a way for authors or creators to earn money indirectly.

The most common way to use a utility token is to pay with them instead of cash for discounted goods or services.

Utility tokens are the most widely used by blockchain companies. Most cryptocurrency exchanges accept fees in native utility tokens.

Utility tokens can also be used as a reward. Companies tokenize their loyalty programs so that points can be bought and sold on blockchain exchanges. These tokens are widely used in decentralized companies as a bonus system. You can use utility tokens to reward creators for their contributions to a platform, for example. It also allows members to exchange tokens for specific bonuses and rewards on your site.

Unlike security tokens, which are subject to legal restrictions, utility tokens can be freely traded.

Security tokens

Security tokens are essentially traditional securities like shares, bonds, and investment fund units in a crypto token form.

The key distinction is that security tokens are typically issued by private firms (rather than public companies) that are not listed on stock exchanges and in which you can not invest right now. Banks and large venture funds used to be the only sources of funding. A person could only invest in private firms if they had millions of dollars in their bank account. Privately issued security tokens outperform traditional public stocks in terms of yield. Private markets grew 50% faster than public markets over the last decade, according to McKinsey Private Equity Research.

A security token is a crypto token whose value is derived from an external asset or company. So it is governed as security (read about the Howey test further in this article). That is, an ownership token derives its value from the company's valuation, assets on the balance sheet, or dividends paid to token holders.

Why are Security Tokens Important?

Cryptocurrency is a lucrative investment. Choosing from thousands of crypto assets can mean the difference between millionaire and bankrupt. Without security tokens, crypto investing becomes riskier and generating long-term profits becomes difficult. These tokens have lower risk than other cryptocurrencies because they are backed by real assets or business cash flows. So having them helps to diversify a portfolio and preserve the return on investment in riskier assets.

Security tokens open up new funding avenues for businesses. As a result, investors can invest in high-profit businesses that are not listed on the stock exchange.

The distinction between utility and security tokens isn't as clear as it seems. However, this increases the risk for token issuers, especially in the USA. The Howey test is the main pillar regulating judicial precedent in this area.

What is a Howey Test?

An "investment contract" is determined by the Howey Test, a lawsuit settled by the US Supreme Court. If it does, it's a security and must be disclosed and registered under the Securities Act of 1933 and the Securities Exchange Act of 1934.

If the SEC decides that a cryptocurrency token is a security, a slew of issues arise. In practice, this ensures that the SEC will decide when a token can be offered to US investors and if the project is required to file a registration statement with the SEC.

Due to the Howey test's extensive wording, most utility tokens will be classified as securities, even if not intended to be. Because of these restrictions, most ICOs are not available to US investors. When asked about ICOs in 2018, then-SEC Chairman Jay Clayton said they were securities. The given statement adds to the risk. If a company issues utility tokens without registering them as securities, the regulator may impose huge fines or even criminal charges.

What other documents regulate tokens?

Securities Act (1993) or Securities Exchange Act (1934) in the USA; MiFID directive and Prospectus Regulation in the EU. These laws require registering the placement of security tokens, limiting their transfer, but protecting investors.

Utility tokens have much less regulation. The Howey test determines whether a given utility token is a security. Tokens recognized as securities are now regulated as such. Having a legal opinion that your token isn't makes the implementation process much easier. Most countries don't have strict regulations regarding utility tokens except KYC (Know Your Client) and AML (Anti Money-Laundering).

As cryptocurrency and blockchain technologies evolve, more countries create UT regulations. If your company is based in the US, be aware of the Howey test and the Bank Secrecy Act. It classifies UTs and their issuance as money transmission services in most states, necessitating a license and strict regulations. Due to high regulatory demands, UT issuers try to avoid the United States as a whole. A new law separating utility tokens from bank secrecy act will be introduced in the near future, giving hope to American issuers.

The rest of the world has much simpler rules requiring issuers to create basic investor disclosures. For example, the latest European legislation (MiCA) allows businesses to issue utility tokens without regulator approval. They must also prepare a paper with all the necessary information for the investors.

A payment token is a utility token that is used to make a payment. They may be subject to electronic money laws. 

Because non-fungible tokens are a new instrument, there is no regulating paper yet. However, if the NFT is fractionalized, the smaller tokens acquired may be seen as securities.

NFT Tokens

Collectible tokens are also known as non-fungible tokens. Their distinctive feature is that they denote unique items such as artwork, merch, or ranks. Unlike utility tokens, which are fungible, meaning that two of the same tokens are identical, NFTs represent a unit of possession that is strictly one of a kind. In a way, NFTs are like baseball cards, each one unique and valuable.

As for today, the most recognizable NFT function is to preserve the fact of possession. Owning an NFT with a particular gif, meme, or sketch does not transfer the intellectual right to the possessor, but is analogous to owning an original painting signed by the author.

Collectible tokens can also be used as digital souvenirs, so to say. Businesses can improve their brand image by issuing their own branded NFTs, which represent ranks or achievements within the corporate ecosystem. Gamifying business ecosystems would allow people to connect with a brand and feel part of a community. 

Which type of tokens is right for you as a business to raise capital?

For most businesses, it's best to raise capital with security tokens by selling existing shares to global investors. Utility tokens aren't meant to increase in value over time, so leave them for gamification and community engagement. In a blockchain-based business, however, a utility token is often the lifeblood of the operation, and its appreciation potential is directly linked to the company's growth. You can issue multiple tokens at once, rather than just one type. It exposes you to various investors and maximizes the use of digital assets.

Which tokens should I buy?

There are no universally best tokens. Their volatility, industry, and risk-reward profile vary. This means evaluating tokens in relation to your overall portfolio and personal preferences: what industries do you understand best, what excites you, how do you approach taxes, and what is your planning horizon? To build a balanced portfolio, you need to know these factors.

Conclusion

The three most common types of tokens today are security, utility, and NFT. Security tokens represent stocks, mutual funds, and bonds. Utility tokens can be perceived as an inside-product "currency" or "ignition key" that grants you access to goods and services or empowers with other perks. NFTs are unique collectible units that identify you as the owner of something.