More on Technology

Jano le Roux
3 years ago
Apple Quietly Introduces A Revolutionary Savings Account That Kills Banks
Would you abandon your bank for Apple?
Banks are struggling.
not as a result of inflation
not due to the economic downturn.
not due to the conflict in Ukraine.
But because they’re underestimating Apple.
Slowly but surely, Apple is looking more like a bank.
An easy new savings account like Apple
Apple has a new savings account.
Apple says Apple Card users may set up and manage savings straight in Wallet.
No more charges
Colorfully high yields
With no minimum balance
No minimal down payments
Most consumer-facing banks will have to match Apple's offer or suffer disruption.
Users may set it up from their iPhones without traveling to a bank or filling out paperwork.
It’s built into the iPhone in your pocket.
So now more waiting for slow approval processes.
Once the savings account is set up, Apple will automatically transfer all future Daily Cash into it. Users may also add these cash to an Apple Cash card in their Apple Wallet app and adjust where Daily Cash is paid at any time.
Apple Pay and Apple Wallet VP Jennifer Bailey:
Savings enables Apple Card users to grow their Daily Cash rewards over time, while also saving for the future.
Bailey says Savings adds value to Apple Card's Daily Cash benefit and offers another easy-to-use tool to help people lead healthier financial lives.
Transfer money from a linked bank account or Apple Cash to a Savings account. Users can withdraw monies to a connected bank account or Apple Cash card without costs.
Once set up, Apple Card customers can track their earnings via Wallet's Savings dashboard. This dashboard shows their account balance and interest.
This product targets younger people as the easiest way to start a savings account on the iPhone.
Why would a Gen Z account holder travel to the bank if their iPhone could be their bank?
Using this concept, Apple will transform the way we think about banking by 2030.
Two other nightmares keep bankers awake at night
Apple revealed two new features in early 2022 that banks and payment gateways hated.
Tap to Pay with Apple
Late Apple Pay
They startled the industry.
Tap To Pay converts iPhones into mobile POS card readers. Apple Pay Later is pushing the BNPL business in a consumer-friendly direction, hopefully ending dodgy lending practices.
Tap to Pay with Apple
iPhone POS
Millions of US merchants, from tiny shops to huge establishments, will be able to accept Apple Pay, contactless credit and debit cards, and other digital wallets with a tap.
No hardware or payment terminal is needed.
Revolutionary!
Stripe has previously launched this feature.
Tap to Pay on iPhone will provide companies with a secure, private, and quick option to take contactless payments and unleash new checkout experiences, said Bailey.
Apple's solution is ingenious. Brilliant!
Bailey says that payment platforms, app developers, and payment networks are making it easier than ever for businesses of all sizes to accept contactless payments and thrive.
I admire that Apple is offering this up to third-party services instead of closing off other functionalities.
Slow POS terminals, farewell.
Late Apple Pay
Pay Apple later.
Apple Pay Later enables US consumers split Apple Pay purchases into four equal payments over six weeks with no interest or fees.
The Apple ecosystem integration makes this BNPL scheme unique. Nonstick. No dumb forms.
Frictionless.
Just double-tap the button.
Apple Pay Later was designed with users' financial well-being in mind. Apple makes it easy to use, track, and pay back Apple Pay Later from Wallet.
Apple Pay Later can be signed up in Wallet or when using Apple Pay. Apple Pay Later can be used online or in an app that takes Apple Pay and leverages the Mastercard network.
Apple Pay Order Tracking helps consumers access detailed receipts and order tracking in Wallet for Apple Pay purchases at participating stores.
Bad BNPL suppliers, goodbye.
Most bankers will be caught in Apple's eye playing mini golf in high-rise offices.
The big problem:
Banks still think about features and big numbers just like other smartphone makers did not too long ago.
Apple thinks about effortlessness, seamlessness, and frictionlessness that just work through integrated hardware and software.
Let me know what you think Apple’s next power moves in the banking industry could be.
James Brockbank
3 years ago
Canonical URLs for Beginners
Canonicalization and canonical URLs are essential for SEO, and improper implementation can negatively impact your site's performance.
Canonical tags were introduced in 2009 to help webmasters with duplicate or similar content on multiple URLs.
To use canonical tags properly, you must understand their purpose, operation, and implementation.
Canonical URLs and Tags
Canonical tags tell search engines that a certain URL is a page's master copy. They specify a page's canonical URL. Webmasters can avoid duplicate content by linking to the "canonical" or "preferred" version of a page.
How are canonical tags and URLs different? Can these be specified differently?
Tags
Canonical tags are found in an HTML page's head></head> section.
<link rel="canonical" href="https://www.website.com/page/" />These can be self-referencing or reference another page's URL to consolidate signals.
Canonical tags and URLs are often used interchangeably, which is incorrect.
The rel="canonical" tag is the most common way to set canonical URLs, but it's not the only way.
Canonical URLs
What's a canonical link? Canonical link is the'master' URL for duplicate pages.
In Google's own words:
A canonical URL is the page Google thinks is most representative of duplicate pages on your site.
— Google Search Console Help
You can indicate your preferred canonical URL. For various reasons, Google may choose a different page than you.
When set correctly, the canonical URL is usually your specified URL.
Canonical URLs determine which page will be shown in search results (unless a duplicate is explicitly better for a user, like a mobile version).
Canonical URLs can be on different domains.
Other ways to specify canonical URLs
Canonical tags are the most common way to specify a canonical URL.
You can also set canonicals by:
Setting the HTTP header rel=canonical.
All pages listed in a sitemap are suggested as canonicals, but Google decides which pages are duplicates.
Redirects 301.
Google recommends these methods, but they aren't all appropriate for every situation, as we'll see below. Each has its own recommended uses.
Setting canonical URLs isn't required; if you don't, Google will use other signals to determine the best page version.
To control how your site appears in search engines and to avoid duplicate content issues, you should use canonicalization effectively.
Why Duplicate Content Exists
Before we discuss why you should use canonical URLs and how to specify them in popular CMSs, we must first explain why duplicate content exists. Nobody intentionally duplicates website content.
Content management systems create multiple URLs when you launch a page, have indexable versions of your site, or use dynamic URLs.
Assume the following URLs display the same content to a user:
A search engine sees eight duplicate pages, not one.
URLs #1 and #2: the CMS saves product URLs with and without the category name.
#3, #4, and #5 result from the site being accessible via HTTP, HTTPS, www, and non-www.
#6 is a subdomain mobile-friendly URL.
URL #7 lacks URL #2's trailing slash.
URL #8 uses a capital "A" instead of a lowercase one.
Duplicate content may also exist in URLs like:
https://www.website.com
https://www.website.com/index.php
Duplicate content is easy to create.
Canonical URLs help search engines identify different page variations as a single URL on many sites.
SEO Canonical URLs
Canonical URLs help you manage duplicate content that could affect site performance.
Canonical URLs are a technical SEO focus area for many reasons.
Specify URL for search results
When you set a canonical URL, you tell Google which page version to display.
Which would you click?
https://www.domain.com/page-1/
https://www.domain.com/index.php?id=2
First, probably.
Canonicals tell search engines which URL to rank.
Consolidate link signals on similar pages
When you have duplicate or nearly identical pages on your site, the URLs may get external links.
Canonical URLs consolidate multiple pages' link signals into a single URL.
This helps your site rank because signals from multiple URLs are consolidated into one.
Syndication management
Content is often syndicated to reach new audiences.
Canonical URLs consolidate ranking signals to prevent duplicate pages from ranking and ensure the original content ranks.
Avoid Googlebot duplicate page crawling
Canonical URLs ensure that Googlebot crawls your new pages rather than duplicated versions of the same one across mobile and desktop versions, for example.
Crawl budgets aren't an issue for most sites unless they have 100,000+ pages.
How to Correctly Implement the rel=canonical Tag
Using the header tag rel="canonical" is the most common way to specify canonical URLs.
Adding tags and HTML code may seem daunting if you're not a developer, but most CMS platforms allow canonicals out-of-the-box.
These URLs each have one product.
How to Correctly Implement a rel="canonical" HTTP Header
A rel="canonical" HTTP header can replace canonical tags.
This is how to implement a canonical URL for PDFs or non-HTML documents.
You can specify a canonical URL in your site's.htaccess file using the code below.
<Files "file-to-canonicalize.pdf"> Header add Link "< http://www.website.com/canonical-page/>; rel=\"canonical\"" </Files>301 redirects for canonical URLs
Google says 301 redirects can specify canonical URLs.
Only the canonical URL will exist if you use 301 redirects. This will redirect duplicates.
This is the best way to fix duplicate content across:
HTTPS and HTTP
Non-WWW and WWW
Trailing-Slash and Non-Trailing Slash URLs
On a single page, you should use canonical tags unless you can confidently delete and redirect the page.
Sitemaps' canonical URLs
Google assumes sitemap URLs are canonical, so don't include non-canonical URLs.
This does not guarantee canonical URLs, but is a best practice for sitemaps.
Best-practice Canonical Tag
Once you understand a few simple best practices for canonical tags, spotting and cleaning up duplicate content becomes much easier.
Always include:
One canonical URL per page
If you specify multiple canonical URLs per page, they will likely be ignored.
Correct Domain Protocol
If your site uses HTTPS, use this as the canonical URL. It's easy to reference the wrong protocol, so check for it to catch it early.
Trailing slash or non-trailing slash URLs
Be sure to include trailing slashes in your canonical URL if your site uses them.
Specify URLs other than WWW
Search engines see non-WWW and WWW URLs as duplicate pages, so use the correct one.
Absolute URLs
To ensure proper interpretation, canonical tags should use absolute URLs.
So use:
<link rel="canonical" href="https://www.website.com/page-a/" />And not:
<link rel="canonical" href="/page-a/" />If not canonicalizing, use self-referential canonical URLs.
When a page isn't canonicalizing to another URL, use self-referencing canonical URLs.
Canonical tags refer to themselves here.
Common Canonical Tags Mistakes
Here are some common canonical tag mistakes.
301 Canonicalization
Set the canonical URL as the redirect target, not a redirected URL.
Incorrect Domain Canonicalization
If your site uses HTTPS, don't set canonical URLs to HTTP.
Irrelevant Canonicalization
Canonicalize URLs to duplicate or near-identical content only.
SEOs sometimes try to pass link signals via canonical tags from unrelated content to increase rank. This isn't how canonicalization should be used and should be avoided.
Multiple Canonical URLs
Only use one canonical tag or URL per page; otherwise, they may all be ignored.
When overriding defaults in some CMSs, you may accidentally include two canonical tags in your page's <head>.
Pagination vs. Canonicalization
Incorrect pagination can cause duplicate content. Canonicalizing URLs to the first page isn't always the best solution.
Canonicalize to a 'view all' page.
How to Audit Canonical Tags (and Fix Issues)
Audit your site's canonical tags to find canonicalization issues.
SEMrush Site Audit can help. You'll find canonical tag checks in your website's site audit report.
Let's examine these issues and their solutions.
No Canonical Tag on AMP
Site Audit will flag AMP pages without canonical tags.
Canonicalization between AMP and non-AMP pages is important.
Add a rel="canonical" tag to each AMP page's head>.
No HTTPS redirect or canonical from HTTP homepage
Duplicate content issues will be flagged in the Site Audit if your site is accessible via HTTPS and HTTP.
You can fix this by 301 redirecting or adding a canonical tag to HTTP pages that references HTTPS.
Broken canonical links
Broken canonical links won't be considered canonical URLs.
This error could mean your canonical links point to non-existent pages, complicating crawling and indexing.
Update broken canonical links to the correct URLs.
Multiple canonical URLs
This error occurs when a page has multiple canonical URLs.
Remove duplicate tags and leave one.
Canonicalization is a key SEO concept, and using it incorrectly can hurt your site's performance.
Once you understand how it works, what it does, and how to find and fix issues, you can use it effectively to remove duplicate content from your site.
Canonicalization SEO Myths
Monroe Mayfield
2 years ago
CES 2023: A Third Look At Upcoming Trends
Las Vegas hosted CES 2023. This third and last look at CES 2023 previews upcoming consumer electronics trends that will be crucial for market share.
Definitely start with ICT. Qualcomm CEO Cristiano Amon spoke to CNBC from Las Vegas on China's crackdown and the company's automated driving systems for electric vehicles (EV). The business showed a concept car and its latest Snapdragon processor designs, which offer expanded digital interactions through SalesForce-partnered CRM platforms.
Electrification is reviving Michigan's automobile industry. Michigan Local News reports that $14 billion in EV and battery manufacturing investments will benefit the state. The report also revealed that the Strategic Outreach and Attraction Reserve (SOAR) fund had generated roughly $1 billion for the state's automotive sector.
Ars Technica is great for technology, society, and the future. After CES 2023, Jonathan M. Gitlin published How many electric car chargers are enough? Read about EV charging network issues and infrastructure spending. Politics aside, rapid technological advances enable EV charging network expansion in American cities and abroad.
Finally, the UNEP's The Future of Electric Vehicles and Material Resources: A Foresight Brief. Understanding how lithium-ion batteries will affect EV sales is crucial. Climate change affects EVs in various ways, but electrification and mining trends stand out because more EVs demand more energy-intensive metals and rare earths. Areas & Producers has been publishing my electrification and mining trends articles. Follow me if you wish to write for the publication.
The Weekend Brief (TWB) will routinely cover tech, industrials, and global commodities in global markets, including stock markets. Read more about the future of key areas and critical producers of the global economy in Areas & Producers.
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Aaron Dinin, PhD
3 years ago
I put my faith in a billionaire, and he destroyed my business.
How did his money blind me?
Like most fledgling entrepreneurs, I wanted a mentor. I met as many nearby folks with "entrepreneur" in their LinkedIn biographies for coffee.
These meetings taught me a lot, and I'd suggest them to any new creator. Attention! Meeting with many experienced entrepreneurs means getting contradictory advice. One entrepreneur will tell you to do X, then the next one you talk to may tell you to do Y, which are sometimes opposites. You'll have to chose which suggestion to take after the chats.
I experienced this. Same afternoon, I had two coffee meetings with experienced entrepreneurs. The first meeting was with a billionaire entrepreneur who took his company public.
I met him in a swanky hotel lobby and ordered a drink I didn't pay for. As a fledgling entrepreneur, money was scarce.
During the meeting, I demoed the software I'd built, he liked it, and we spent the hour discussing what features would make it a success. By the end of the meeting, he requested I include a killer feature we both agreed would attract buyers. The feature was complex and would require some time. The billionaire I was sipping coffee with in a beautiful hotel lobby insisted people would love it, and that got me enthusiastic.
The second meeting was with a young entrepreneur who had recently raised a small amount of investment and looked as eager to pitch me as I was to pitch him. I forgot his name. I mostly recall meeting him in a filthy coffee shop in a bad section of town and buying his pricey cappuccino. Water for me.
After his pitch, I demoed my app. When I was done, he barely noticed. He questioned my customer acquisition plan. Who was my client? What did they offer? What was my plan? Etc. No decent answers.
After our meeting, he insisted I spend more time learning my market and selling. He ignored my questions about features. Don't worry about features, he said. Customers will request features. First, find them.
Putting your faith in results over relevance
Problems plagued my afternoon. I met with two entrepreneurs who gave me differing advice about how to proceed, and I had to decide which to pursue. I couldn't decide.
Ultimately, I followed the advice of the billionaire.
Obviously.
Who wouldn’t? That was the guy who clearly knew more.
A few months later, I constructed the feature the billionaire said people would line up for.
The new feature was unpopular. I couldn't even get the billionaire to answer an email showing him what I'd done. He disappeared.
Within a few months, I shut down the company, wasting all the time and effort I'd invested into constructing the killer feature the billionaire said I required.
Would follow the struggling entrepreneur's advice have saved my company? It would have saved me time in retrospect. Potential consumers would have told me they didn't want what I was producing, and I could have shut down the company sooner or built something they did want. Both outcomes would have been better.
Now I know, but not then. I favored achievement above relevance.
Success vs. relevance
The millionaire gave me advice on building a large, successful public firm. A successful public firm is different from a startup. Priorities change in the last phase of business building, which few entrepreneurs reach. He gave wonderful advice to founders trying to double their stock values in two years, but it wasn't beneficial for me.
The other failing entrepreneur had relevant, recent experience. He'd recently been in my shoes. We still had lots of problems. He may not have achieved huge success, but he had valuable advice on how to pass the closest hurdle.
The money blinded me at the moment. Not alone So much of company success is defined by money valuations, fundraising, exits, etc., so entrepreneurs easily fall into this trap. Money chatter obscures the value of knowledge.
Don't base startup advice on a person's income. Focus on what and when the person has learned. Relevance to you and your goals is more important than a person's accomplishments when considering advice.

shivsak
3 years ago
A visual exploration of the REAL use cases for NFTs in the Future
In this essay, I studied REAL NFT use examples and their potential uses.
Knowledge of the Hype Cycle
Gartner's Hype Cycle.
It proposes 5 phases for disruptive technology.
1. Technology Trigger: the emergence of potentially disruptive technology.
2. Peak of Inflated Expectations: Early publicity creates hype. (Ex: 2021 Bubble)
3. Trough of Disillusionment: Early projects fail to deliver on promises and the public loses interest. I suspect NFTs are somewhere around this trough of disillusionment now.
4. Enlightenment slope: The tech shows successful use cases.
5. Plateau of Productivity: Mainstream adoption has arrived and broader market applications have proven themselves. Here’s a more detailed visual of the Gartner Hype Cycle from Wikipedia.
In the speculative NFT bubble of 2021, @beeple sold Everydays: the First 5000 Days for $69 MILLION in 2021's NFT bubble.
@nbatopshot sold millions in video collectibles.
This is when expectations peaked.
Let's examine NFTs' real-world applications.
Watch this video if you're unfamiliar with NFTs.
Online Art
Most people think NFTs are rich people buying worthless JPEGs and MP4s.
Digital artwork and collectibles are revolutionary for creators and enthusiasts.
NFT Profile Pictures
You might also have seen NFT profile pictures on Twitter.
My profile picture is an NFT I coined with @skogards factoria app, which helps me avoid bogus accounts.
Profile pictures are a good beginning point because they're unique and clearly yours.
NFTs are a way to represent proof-of-ownership. It’s easier to prove ownership of digital assets than physical assets, which is why artwork and pfps are the first use cases.
They can do much more.
NFTs can represent anything with a unique owner and digital ownership certificate. Domains and usernames.
Usernames & Domains
@unstoppableweb, @ensdomains, @rarible sell NFT domains.
NFT domains are transferable, which is a benefit.
Godaddy and other web2 providers have difficult-to-transfer domains. Domains are often leased instead of purchased.
Tickets
NFTs can also represent concert tickets and event passes.
There's a limited number, and entry requires proof.
NFTs can eliminate the problem of forgery and make it easy to verify authenticity and ownership.
NFT tickets can be traded on the secondary market, which allows for:
marketplaces that are uniform and offer the seller and buyer security (currently, tickets are traded on inefficient markets like FB & craigslist)
unbiased pricing
Payment of royalties to the creator
4. Historical ticket ownership data implies performers can airdrop future passes, discounts, etc.
5. NFT passes can be a fandom badge.
The $30B+ online tickets business is increasing fast.
NFT-based ticketing projects:
Gaming Assets
NFTs also help in-game assets.
Imagine someone spending five years collecting a rare in-game blade, then outgrowing or quitting the game. Gamers value that collectible.
The gaming industry is expected to make $200 BILLION in revenue this year, a significant portion of which comes from in-game purchases.
Royalties on secondary market trading of gaming assets encourage gaming businesses to develop NFT-based ecosystems.
Digital assets are the start. On-chain NFTs can represent real-world assets effectively.
Real estate has a unique owner and requires ownership confirmation.
Real Estate
Tokenizing property has many benefits.
1. Can be fractionalized to increase access, liquidity
2. Can be collateralized to increase capital efficiency and access to loans backed by an on-chain asset
3. Allows investors to diversify or make bets on specific neighborhoods, towns or cities +++
I've written about this thought exercise before.
I made an animated video explaining this.
We've just explored NFTs for transferable assets. But what about non-transferrable NFTs?
SBTs are Soul-Bound Tokens. Vitalik Buterin (Ethereum co-founder) blogged about this.
NFTs are basically verifiable digital certificates.
Diplomas & Degrees
That fits Degrees & Diplomas. These shouldn't be marketable, thus they can be non-transferable SBTs.
Anyone can verify the legitimacy of on-chain credentials, degrees, abilities, and achievements.
The same goes for other awards.
For example, LinkedIn could give you a verified checkmark for your degree or skills.
Authenticity Protection
NFTs can also safeguard against counterfeiting.
Counterfeiting is the largest criminal enterprise in the world, estimated to be $2 TRILLION a year and growing.
Anti-counterfeit tech is valuable.
This is one of @ORIGYNTech's projects.
Identity
Identity theft/verification is another real-world problem NFTs can handle.
In the US, 15 million+ citizens face identity theft every year, suffering damages of over $50 billion a year.
This isn't surprising considering all you need for US identity theft is a 9-digit number handed around in emails, documents, on the phone, etc.
Identity NFTs can fix this.
NFTs are one-of-a-kind and unforgeable.
NFTs offer a universal standard.
NFTs are simple to verify.
SBTs, or non-transferrable NFTs, are tied to a particular wallet.
In the event of wallet loss or theft, NFTs may be revoked.
This could be one of the biggest use cases for NFTs.
Imagine a global identity standard that is standardized across countries, cannot be forged or stolen, is digital, easy to verify, and protects your private details.
Since your identity is more than your government ID, you may have many NFTs.
@0xPolygon and @civickey are developing on-chain identity.
Memberships
NFTs can authenticate digital and physical memberships.
Voting
NFT IDs can verify votes.
If you remember 2020, you'll know why this is an issue.
Online voting's ease can boost turnout.
Informational property
NFTs can protect IP.
This can earn creators royalties.
NFTs have 2 important properties:
Verifiability IP ownership is unambiguously stated and publicly verified.
Platforms that enable authors to receive royalties on their IP can enter the market thanks to standardization.
Content Rights
Monetization without copyrighting = more opportunities for everyone.
This works well with the music.
Spotify and Apple Music pay creators very little.
Crowdfunding
Creators can crowdfund with NFTs.
NFTs can represent future royalties for investors.
This is particularly useful for fields where people who are not in the top 1% can’t make money. (Example: Professional sports players)
Mirror.xyz allows blog-based crowdfunding.
Financial NFTs
This introduces Financial NFTs (fNFTs). Unique financial contracts abound.
Examples:
a person's collection of assets (unique portfolio)
A loan contract that has been partially repaid with a lender
temporal tokens (ex: veCRV)
Legal Agreements
Not just financial contracts.
NFT can represent any legal contract or document.
Messages & Emails
What about other agreements? Verbal agreements through emails and messages are likewise unique, but they're easily lost and fabricated.
Health Records
Medical records or prescriptions are another types of documentation that has to be verified but isn't.
Medical NFT examples:
Immunization records
Covid test outcomes
Prescriptions
health issues that may affect one's identity
Observations made via health sensors
Existing systems of proof by paper / PDF have photoshop-risk.
I tried to include most use scenarios, but this is just the beginning.
NFTs have many innovative uses.
For example: @ShaanVP minted an NFT called “5 Minutes of Fame” 👇
Here are 2 Twitter threads about NFTs:
This piece of gold by @chriscantino
2. This conversation between @punk6529 and @RaoulGMI on @RealVision“The World According to @punk6529”
If you're wondering why NFTs are better than web2 databases for these use scenarios, see this Twitter thread I wrote:
If you liked this, please share it.
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Nathan Reiff
3 years ago
Howey Test and Cryptocurrencies: 'Every ICO Is a Security'
What Is the Howey Test?
To determine whether a transaction qualifies as a "investment contract" and thus qualifies as a security, the Howey Test refers to the U.S. Supreme Court cass: the Securities Act of 1933 and the Securities Exchange Act of 1934. According to the Howey Test, an investment contract exists when "money is invested in a common enterprise with a reasonable expectation of profits from others' efforts."
The test applies to any contract, scheme, or transaction. The Howey Test helps investors and project backers understand blockchain and digital currency projects. ICOs and certain cryptocurrencies may be found to be "investment contracts" under the test.
Understanding the Howey Test
The Howey Test comes from the 1946 Supreme Court case SEC v. W.J. Howey Co. The Howey Company sold citrus groves to Florida buyers who leased them back to Howey. The company would maintain the groves and sell the fruit for the owners. Both parties benefited. Most buyers had no farming experience and were not required to farm the land.
The SEC intervened because Howey failed to register the transactions. The court ruled that the leaseback agreements were investment contracts.
This established four criteria for determining an investment contract. Investing contract:
- An investment of money
- n a common enterprise
- With the expectation of profit
- To be derived from the efforts of others
In the case of Howey, the buyers saw the transactions as valuable because others provided the labor and expertise. An income stream was obtained by only investing capital. As a result of the Howey Test, the transaction had to be registered with the SEC.
Howey Test and Cryptocurrencies
Bitcoin is notoriously difficult to categorize. Decentralized, they evade regulation in many ways. Regardless, the SEC is looking into digital assets and determining when their sale qualifies as an investment contract.
The SEC claims that selling digital assets meets the "investment of money" test because fiat money or other digital assets are being exchanged. Like the "common enterprise" test.
Whether a digital asset qualifies as an investment contract depends on whether there is a "expectation of profit from others' efforts."
For example, buyers of digital assets may be relying on others' efforts if they expect the project's backers to build and maintain the digital network, rather than a dispersed community of unaffiliated users. Also, if the project's backers create scarcity by burning tokens, the test is met. Another way the "efforts of others" test is met is if the project's backers continue to act in a managerial role.
These are just a few examples given by the SEC. If a project's success is dependent on ongoing support from backers, the buyer of the digital asset is likely relying on "others' efforts."
Special Considerations
If the SEC determines a cryptocurrency token is a security, many issues arise. It means the SEC can decide whether a token can be sold to US investors and forces the project to register.
In 2017, the SEC ruled that selling DAO tokens for Ether violated federal securities laws. Instead of enforcing securities laws, the SEC issued a warning to the cryptocurrency industry.
Due to the Howey Test, most ICOs today are likely inaccessible to US investors. After a year of ICOs, then-SEC Chair Jay Clayton declared them all securities.
SEC Chairman Gensler Agrees With Predecessor: 'Every ICO Is a Security'
Howey Test FAQs
How Do You Determine If Something Is a Security?
The Howey Test determines whether certain transactions are "investment contracts." Securities are transactions that qualify as "investment contracts" under the Securities Act of 1933 and the Securities Exchange Act of 1934.
The Howey Test looks for a "investment of money in a common enterprise with a reasonable expectation of profits from others' efforts." If so, the Securities Act of 1933 and the Securities Exchange Act of 1934 require disclosure and registration.
Why Is Bitcoin Not a Security?
Former SEC Chair Jay Clayton clarified in June 2018 that bitcoin is not a security: "Cryptocurrencies: Replace the dollar, euro, and yen with bitcoin. That type of currency is not a security," said Clayton.
Bitcoin, which has never sought public funding to develop its technology, fails the SEC's Howey Test. However, according to Clayton, ICO tokens are securities.
A Security Defined by the SEC
In the public and private markets, securities are fungible and tradeable financial instruments. The SEC regulates public securities sales.
The Supreme Court defined a security offering in SEC v. W.J. Howey Co. In its judgment, the court defines a security using four criteria:
- An investment contract's existence
- The formation of a common enterprise
- The issuer's profit promise
- Third-party promotion of the offering
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