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Leah

Leah

3 years ago

The Burnout Recovery Secrets Nobody Is Talking About

More on Personal Growth

Maria Urkedal York

Maria Urkedal York

3 years ago

When at work, don't give up; instead, think like a designer.

How to reframe irritation and go forward

Picture by Daniel Xavier

… before you can figure out where you are going, you need to know where you are, and once you know and accept where you are, you can design your way to where you want to be.” — Bill Burnett and Dave Evans

“You’ve been here before. But there are some new ingredients this time. What can tell yourself that will make you understand that now isn’t just like last year? That there’s something new in this August.”

My coach paused. I sighed, inhaled deeply, and considered her question.

What could I say? I simply needed a plan from her so everything would fall into place and I could be the happy, successful person I want to be.

Time passed. My mind was exhausted from running all morning, all summer, or the last five years, searching for what to do next and how to get there.

Calmer, I remembered that my coach's inquiry had benefited me throughout the summer. The month before our call, I read Designing Your Work Life — How to Thrive and Change and Find Happiness at Work from Standford University’s Bill Burnett and Dave Evans.

A passage in their book felt like a lifeline: “We have something important to say to you: Wherever you are in your work life, whatever job you are doing, it’s good enough. For now. Not forever. For now.”

As I remembered this book on the coaching call, I wondered if I could embrace where I am in August and say my job life is good enough for now. Only temporarily.

I've done that since. I'm getting unstuck.

Here's how you can take the first step in any area where you feel stuck.

How to acquire the perspective of "Good enough for now" for yourself

We’ve all heard the advice to just make the best of a bad situation. That´s not bad advice, but if you only make the best of a bad situation, you are still in a bad situation. It doesn’t get to the root of the problem or offer an opportunity to change the situation. You’re more cheerfully navigating lousiness, which is an improvement, but not much of one and rather hard to sustain over time.” — Bill Burnett and Dave Evans

Reframing Burnett at Evans says good enough for now is the key to being happier at work. Because, as they write, a designer always has options.

Choosing to believe things are good enough for now is liberating. It helps us feel less victimized and less judged. Accepting our situation helps us become unstuck.

Let's break down the process, which designers call constructing your way ahead, into steps you can take today.

Writing helps get started. First, write down your challenge and why it's essential to you. If pen and paper help, try this strategy:

  • Make the decision to accept the circumstance as it is. Designers always begin by acknowledging the truth of the situation. You now refrain from passing judgment. Instead, you simply describe the situation as accurately as you can. This frees us from negative thought patterns that prevent us from seeing the big picture and instead keep us in a tunnel of negativity.

  • Look for a reframing right now. Begin with good enough for the moment. Take note of how your body feels as a result. Tell yourself repeatedly that whatever is occurring is sufficient for the time being. Not always, but just now. If you want to, you can even put it in writing and repeatedly breathe it in, almost like a mantra.

  • You can select a reframe that is more relevant to your situation once you've decided that you're good enough for now and have allowed yourself to believe it. Try to find another perspective that is possible, for instance, if you feel unappreciated at work and your perspective of I need to use and be recognized for all my new skills in my job is making you sad and making you want to resign. For instance, I can learn from others at work and occasionally put my new abilities to use.

  • After that, leave your mind and act in accordance with your new perspective. Utilize the designer's bias for action to test something out and create a prototype that you can learn from. Your beginning point for creating experiences that will support the new viewpoint derived from the aforementioned point is the new perspective itself. By doing this, you recognize a circumstance at work where you can provide value to yourself or your workplace and then take appropriate action. Send two or three coworkers from whom you wish to learn anything an email, for instance, asking them to get together for coffee or a talk.

Choose tiny, doable actions. You prioritize them at work.

Let's assume you're feeling disconnected at work, so you make a list of folks you may visit each morning or invite to lunch. If you're feeling unmotivated and tired, take a daily walk and treat yourself to a decent coffee.

This may be plenty for now. If you want to take this procedure further, use Burnett and Evans' internet tools and frameworks.

Developing the daily practice of reframing

“We’re not discontented kids in the backseat of the family minivan, but how many of us live our lives, especially our work lives, as if we are?” — Bill Burnett and Dave Evans

I choose the good enough for me perspective every day, often. No quick fix. Am a failing? Maybe a little bit, but I like to think of it more as building muscle.

This way, every time I tell myself it's ok, I hear you. For now, that muscle gets stronger.

Hopefully, reframing will become so natural for us that it will become a habit, and not a technique anymore.

If you feel like you’re stuck in your career or at work, the reframe of Good enough, for now, might be valuable, so just go ahead and try it out right now.

And while you’re playing with this, why not think of other areas of your life too, like your relationships, where you live — even your writing, and see if you can feel a shift?

James White

James White

3 years ago

Ray Dalio suggests reading these three books in 2022.

An inspiring reading list

Wikimedia Commons

I'm no billionaire or hedge-fund manager. My bank account doesn't have millions. Ray Dalio's love of reading motivates me to think differently.

Here are some books recommended by Ray Dalio. Each influenced me. Hope they'll help you.

Sapiens by Yuval Noah Harari

Page Count: 512
Rating on Goodreads: 4.39

My favorite nonfiction book.

Sapiens explores human evolution. It explains how Homo Sapiens developed from hunter-gatherers to a dominant species. Amazing!

Sapiens will teach you about human history. Yuval Noah Harari has a follow-up book on human evolution.

Goodreads

My favorite book quotes are:

  • The tendency for luxuries to turn into necessities and give rise to new obligations is one of history's few unbreakable laws.

  • Happiness is not dependent on material wealth, physical health, or even community. Instead, it depends on how closely subjective expectations and objective circumstances align.

  • The romantic comparison between today's industry, which obliterates the environment, and our forefathers, who coexisted well with nature, is unfounded. Homo sapiens held the record among all organisms for eradicating the most plant and animal species even before the Industrial Revolution. The unfortunate distinction of being the most lethal species in the history of life belongs to us.

The Power Of Habit by Charles Duhigg

Page Count: 375
Rating on Goodreads: 4.13

Great book: The Power Of Habit. It illustrates why habits are everything. The book explains how healthier habits can improve your life, career, and society.

The Power of Habit rocks. It's a great book on productivity. Its suggestions helped me build healthier behaviors (and drop bad ones).

Read ASAP!

Goodreads

My favorite book quotes are:

  • Change may not occur quickly or without difficulty. However, almost any behavior may be changed with enough time and effort.

  • People who exercise begin to eat better and produce more at work. They are less smokers and are more patient with friends and family. They claim to feel less anxious and use their credit cards less frequently. A fundamental habit that sparks broad change is exercise.

  • Habits are strong but also delicate. They may develop independently of our awareness or may be purposefully created. They frequently happen without our consent, but they can be altered by changing their constituent pieces. They have a much greater influence on how we live than we realize; in fact, they are so powerful that they cause our brains to adhere to them above all else, including common sense.

Tribe Of Mentors by Tim Ferriss

Page Count: 561
Rating on Goodreads: 4.06

Unusual book structure. It's worth reading if you want to learn from successful people.

The book is Q&A-style. Tim questions everyone. Each chapter features a different person's life-changing advice. In the book, Pressfield, Willink, Grylls, and Ravikant are interviewed.

Amazing!

Goodreads

My favorite book quotes are:

  • According to one's courage, life can either get smaller or bigger.

  • Don't engage in actions that you are aware are immoral. The reputation you have with yourself is all that constitutes self-esteem. Always be aware.

  • People mistakenly believe that focusing means accepting the task at hand. However, that is in no way what it represents. It entails rejecting the numerous other worthwhile suggestions that exist. You must choose wisely. Actually, I'm just as proud of the things we haven't accomplished as I am of what I have. Saying no to 1,000 things is what innovation is.

Alexander Nguyen

Alexander Nguyen

3 years ago

How can you bargain for $300,000 at Google?

Don’t give a number

Photo by Vitaly Taranov on Unsplash

Google pays its software engineers generously. While many of their employees are competent, they disregard a critical skill to maximize their pay.

Negotiation.

If Google employees have never negotiated, they're as helpless as anyone else.

In this piece, I'll reveal a compensation negotiation tip that will set you apart.

The Fallacy of Negotiating

How do you negotiate your salary? “Just give them a number twice the amount you really want”. - Someplace on the internet

Above is typical negotiation advice. If you ask for more than you want, the recruiter may meet you halfway.

It seems logical and great, but here's why you shouldn't follow that advice.

Haitian hostage rescue

In 1977, an official's aunt was kidnapped in Haiti. The kidnappers demanded $150,000 for the aunt's life. It seems reasonable until you realize why kidnappers want $150,000.

FBI detective and negotiator Chris Voss researched why they demanded so much.

“So they could party through the weekend”

When he realized their ransom was for partying, he offered $4,751 and a CD stereo. Criminals freed the aunt.

These thieves gave 31.57x their estimated amount and got a fraction. You shouldn't trust these thieves to negotiate your compensation.

What happened?

Negotiating your offer and Haiti

This narrative teaches you how to negotiate with a large number.

You can and will be talked down.

If a recruiter asks your wage expectation and you offer double, be ready to explain why.

If you can't justify your request, you may be offered less. The recruiter will notice and talk you down.

Reasonably,

  • a tiny bit more than the present amount you earn

  • a small premium over an alternative offer

  • a little less than the role's allotted amount

Real-World Illustration

Photo by Christina @ wocintechchat.com on Unsplash

Recruiter: What’s your expected salary? Candidate: (I know the role is usually $100,000) $200,000 Recruiter: How much are you compensated in your current role? Candidate: $90,000 Recruiter: We’d be excited to offer you $95,000 for your experiences for the role.

So Why Do They Even Ask?

Recruiters ask for a number to negotiate a lower one. Asking yourself limits you.

You'll rarely get more than you asked for, and your request can be lowered.

The takeaway from all of this is to never give an expected compensation.

Tell them you haven't thought about it when you applied.

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Jayden Levitt

Jayden Levitt

3 years ago

The country of El Salvador's Bitcoin-obsessed president lost $61.6 million.

It’s only a loss if you sell, right?

Created by Author — Using Toonme

Nayib Bukele proclaimed himself “the world’s coolest dictator”.

His jokes aren't clear.

El Salvador's 43rd president self-proclaimed “CEO of El Salvador” couldn't be less presidential.

His thin jeans, aviator sunglasses, and baseball caps like a cartel lord.

He's popular, though.

Bukele won 53% of the vote by fighting violent crime and opposition party corruption.

El Salvador's 6.4 million inhabitants are riding the cryptocurrency volatility wave.

They were powerless.

Their autocratic leader, a former Yamaha Motors salesperson and Bitcoin believer, wants to help 70% unbanked locals.

He intended to give the citizens a way to save money and cut the country's $200 million remittance cost.

Transfer and deposit costs.

This makes logical sense when the president’s theatrics don’t blind you.

El Salvador's Bukele revealed plans to make bitcoin legal tender.

Remittances total $5.9 billion (23%) of the country's expenses.

Anything that reduces costs could boost the economy.

The country’s unbanked population is staggering. Here’s the data by % of people who either have a bank account (Blue) or a mobile money account (Black).

Source — statista.com

According to Bukele, 46% of the population has downloaded the Chivo Bitcoin Wallet.

In 2021, 36% of El Salvadorans had bank accounts.


Large rural countries like Kenya seem to have resolved their unbanked dilemma.

An economy surfaced where village locals would sell, trade and store network minutes and data as a store of value.

Kenyan phone networks realized unbanked people needed a safe way to accumulate wealth and have an emergency fund.

96% of Kenyans utilize M-PESA, which doesn't require a bank account.

The software involves human agents who hang out with cash and a phone.

These people are like ATMs.

You offer them cash to deposit money in your mobile money account or withdraw cash.

In a country with a faulty banking system, cash availability and a safe place to deposit it are important.

William Jack and Tavneet Suri found that M-PESA brought 194,000 Kenyan households out of poverty by making transactions cheaper and creating a safe store of value.

2016 Science paper

Mobile money, a service that allows monetary value to be stored on a mobile phone and sent to other users via text messages, has been adopted by most Kenyan households. We estimate that access to the Kenyan mobile money system M-PESA increased per capita consumption levels and lifted 194,000 households, or 2% of Kenyan households, out of poverty.

The impacts, which are more pronounced for female-headed households, appear to be driven by changes in financial behaviour — in particular, increased financial resilience and saving. Mobile money has therefore increased the efficiency of the allocation of consumption over time while allowing a more efficient allocation of labour, resulting in a meaningful reduction of poverty in Kenya.


Currently, El Salvador has 2,301 Bitcoin.

At publication, it's worth $44 million. That remains 41% of Bukele's original $105.6 million.

Unknown if the country has sold Bitcoin, but Bukeles keeps purchasing the dip.

It's still falling.

Source — Nayib Bukele — Twitter

This might be a fantastic move for the impoverished country over the next five years, if they can live economically till Bitcoin's price recovers.

The evidence demonstrates that a store of value pulls individuals out of poverty, but others say Bitcoin is premature.

You may regard it as an aggressive endeavor to front run the next wave of adoption, offering El Salvador a financial upside.

Cammi Pham

Cammi Pham

3 years ago

7 Scientifically Proven Things You Must Stop Doing To Be More Productive

Smarter work yields better results.

Tim Gouw on Unsplash

17-year-old me worked and studied 20 hours a day. During school breaks, I did coursework and ran a nonprofit at night. Long hours earned me national campaigns, A-list opportunities, and a great career. As I aged, my thoughts changed. Working harder isn't necessarily the key to success.

In some cases, doing less work might lead to better outcomes.

Consider a hard-working small business owner. He can't beat his corporate rivals by working hard. Time's limited. An entrepreneur can work 24 hours a day, 7 days a week, but a rival can invest more money, create a staff, and put in more man hours. Why have small startups done what larger companies couldn't? Facebook paid $1 billion for 13-person Instagram. Snapchat, a 30-person startup, rejected Facebook and Google bids. Luck and efficiency each contributed to their achievement.

The key to success is not working hard. It’s working smart.

Being busy and productive are different. Busy doesn't always equal productive. Productivity is less about time management and more about energy management. Life's work. It's using less energy to obtain more rewards. I cut my work week from 80 to 40 hours and got more done. I value simplicity.

Here are seven activities I gave up in order to be more productive.

1. Give up working extra hours and boost productivity instead.

When did the five-day, 40-hour work week start? Henry Ford, Ford Motor Company founder, experimented with his workers in 1926.

He decreased their daily hours from 10 to 8, and shortened the work week from 6 days to 5. As a result, he saw his workers’ productivity increase.

According to a 1980 Business Roundtable report, Scheduled Overtime Effect on Construction Projects, the more you work, the less effective and productive you become.

Source: Calculating Loss of Productivity Due to Overtime Using Published Charts — Fact or Fiction

“Where a work schedule of 60 or more hours per week is continued longer than about two months, the cumulative effect of decreased productivity will cause a delay in the completion date beyond that which could have been realized with the same crew size on a 40-hour week.” Source: Calculating Loss of Productivity Due to Overtime Using Published Charts — Fact or Fiction

AlterNet editor Sara Robinson cited US military research showing that losing one hour of sleep per night for a week causes cognitive impairment equivalent to a.10 blood alcohol level. You can get fired for showing up drunk, but an all-nighter is fine.

Irrespective of how well you were able to get on with your day after that most recent night without sleep, it is unlikely that you felt especially upbeat and joyous about the world. Your more-negative-than-usual perspective will have resulted from a generalized low mood, which is a normal consequence of being overtired. More important than just the mood, this mind-set is often accompanied by decreases in willingness to think and act proactively, control impulses, feel positive about yourself, empathize with others, and generally use emotional intelligence. Source: The Secret World of Sleep: The Surprising Science of the Mind at Rest

To be productive, don't overwork and get enough sleep. If you're not productive, lack of sleep may be to blame. James Maas, a sleep researcher and expert, said 7/10 Americans don't get enough sleep.

Did you know?

  • Leonardo da Vinci slept little at night and frequently took naps.

  • Napoleon, the French emperor, had no qualms about napping. He splurged every day.

  • Even though Thomas Edison felt self-conscious about his napping behavior, he regularly engaged in this ritual.

  • President Franklin D. Roosevelt's wife Eleanor used to take naps before speeches to increase her energy.

  • The Singing Cowboy, Gene Autry, was known for taking regular naps in his dressing area in between shows.

  • Every day, President John F. Kennedy took a siesta after eating his lunch in bed.

  • Every afternoon, oil businessman and philanthropist John D. Rockefeller took a nap in his office.

  • It was unavoidable for Winston Churchill to take an afternoon snooze. He thought it enabled him to accomplish twice as much each day.

  • Every afternoon around 3:30, President Lyndon B. Johnson took a nap to divide his day into two segments.

  • Ronald Reagan, the 40th president, was well known for taking naps as well.

Source: 5 Reasons Why You Should Take a Nap Every Day — Michael Hyatt

Since I started getting 7 to 8 hours of sleep a night, I've been more productive and completed more work than when I worked 16 hours a day. Who knew marketers could use sleep?

2. Refrain from accepting too frequently

Pareto's principle states that 20% of effort produces 80% of results, but 20% of results takes 80% of effort. Instead of working harder, we should prioritize the initiatives that produce the most outcomes. So we can focus on crucial tasks. Stop accepting unproductive tasks.

The difference between successful people and very successful people is that very successful people say “no” to almost everything.” — Warren Buffett

What should you accept? Why say no? Consider doing a split test to determine if anything is worth your attention. Track what you do, how long it takes, and the consequences. Then, evaluate your list to discover what worked (or didn't) to optimize future chores.

Most of us say yes more often than we should, out of guilt, overextension, and because it's simpler than no. Nobody likes being awful.

Researchers separated 120 students into two groups for a 2012 Journal of Consumer Research study. One group was educated to say “I can't” while discussing choices, while the other used “I don't”.

The students who told themselves “I can’t eat X” chose to eat the chocolate candy bar 61% of the time. Meanwhile, the students who told themselves “I don’t eat X” chose to eat the chocolate candy bars only 36% of the time. This simple change in terminology significantly improved the odds that each person would make a more healthy food choice.

Next time you need to say no, utilize I don't to encourage saying no to unimportant things.

The 20-second rule is another wonderful way to avoid pursuits with little value. Add a 20-second roadblock to things you shouldn't do or bad habits you want to break. Delete social media apps from your phone so it takes you 20 seconds to find your laptop to access them. You'll be less likely to engage in a draining hobby or habit if you add an inconvenience.

Lower the activation energy for habits you want to adopt and raise it for habits you want to avoid. The more we can lower or even eliminate the activation energy for our desired actions, the more we enhance our ability to jump-start positive change. Source: The Happiness Advantage: The Seven Principles of Positive Psychology That Fuel Success and Performance at Work

3. Stop doing everything yourself and start letting people help you

I once managed a large community and couldn't do it alone. The community took over once I burned out. Members did better than I could have alone. I learned about community and user-generated content.

Consumers know what they want better than marketers. Octoly says user-generated videos on YouTube are viewed 10 times more than brand-generated videos. 51% of Americans trust user-generated material more than a brand's official website (16%) or media coverage (22%). (14 percent). Marketers should seek help from the brand community.

Source: Earned Media Rankings on YouTube — Octoly

Being a successful content marketer isn't about generating the best content, but cultivating a wonderful community.

We should seek aid when needed. We can't do everything. It's best to delegate work so you may focus on the most critical things. Instead of overworking or doing things alone, let others help.

Having friends or coworkers around can boost your productivity even if they can't help.

Just having friends nearby can push you toward productivity. “There’s a concept in ADHD treatment called the ‘body double,’ ” says David Nowell, Ph.D., a clinical neuropsychologist from Worcester, Massachusetts. “Distractable people get more done when there is someone else there, even if he isn’t coaching or assisting them.” If you’re facing a task that is dull or difficult, such as cleaning out your closets or pulling together your receipts for tax time, get a friend to be your body double. Source: Friendfluence: The Surprising Ways Friends Make Us Who We Are

4. Give up striving for perfection

Perfectionism hinders professors' research output. Dr. Simon Sherry, a psychology professor at Dalhousie University, did a study on perfectionism and productivity. Dr. Sherry established a link between perfectionism and productivity.

Perfectionism has its drawbacks.

  • They work on a task longer than necessary.

  • They delay and wait for the ideal opportunity. If the time is right in business, you are already past the point.

  • They pay too much attention to the details and miss the big picture.

Marketers await the right time. They miss out.

The perfect moment is NOW.

5. Automate monotonous chores instead of continuing to do them.

A team of five workers who spent 3%, 20%, 25%, 30%, and 70% of their time on repetitive tasks reduced their time spent to 3%, 10%, 15%, 15%, and 10% after two months of working to improve their productivity.

Source: Using Automation Software To Increase Business Productivity & Competitiveness -Tethys Solutions

Last week, I wrote a 15-minute Python program. I wanted to generate content utilizing Twitter API data and Hootsuite to bulk schedule it. Automation has cut this task from a day to five minutes. Whenever I do something more than five times, I try to automate it.

Automate monotonous chores without coding. Skills and resources are nice, but not required.  If you cannot build it, buy it.

People forget time equals money. Manual work is easy and requires little investigation. You can moderate 30 Instagram photographs for your UGC campaign. You need digital asset management software to manage 30,000 photographs and movies from five platforms. Filemobile helps individuals develop more user-generated content. You may buy software to manage rich media and address most internet difficulties.

Hire an expert if you can't find a solution. Spend money to make money, and time is your most precious asset.

Visit GitHub or Google Apps Script library, marketers. You may often find free, easy-to-use open source code.

6. Stop relying on intuition and start supporting your choices with data.

You may optimize your life by optimizing webpages for search engines.

Numerous studies might help you boost your productivity. Did you know individuals are most distracted from midday to 4 p.m.? This is what a Penn State psychology professor found. Even if you can't find data on a particular question, it's easy to run a split test and review your own results.

7. Stop working and spend some time doing absolutely nothing.

Most people don't know that being too focused can be destructive to our work or achievements. The Boston Globe's The Power of Lonely says solo time is excellent for the brain and spirit.

One ongoing Harvard study indicates that people form more lasting and accurate memories if they believe they’re experiencing something alone. Another indicates that a certain amount of solitude can make a person more capable of empathy towards others. And while no one would dispute that too much isolation early in life can be unhealthy, a certain amount of solitude has been shown to help teenagers improve their moods and earn good grades in school. Source: The Power of Lonely

Reflection is vital. We find solutions when we're not looking.

We don't become more productive overnight. It demands effort and practice. Waiting for change doesn't work. Instead, learn about your body and identify ways to optimize your energy and time for a happy existence.

Nathan Reiff

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:

  1. An investment of money
  2. n a common enterprise
  3. With the expectation of profit
  4. 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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