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first_img SEC updates cryptocurrency FAQ, stating that token buybacks and network upgrades do not necessarily constitute securities

The U.S. Securities and Exchange Commission's Division of Corporation Finance updated its frequently asked questions document on cryptocurrency assets on Friday, clarifying that token buybacks, network upgrades, and marketing promotions do not automatically make cryptocurrency assets securities. The division stated that announcing a buyback plan for an already functioning cryptocurrency network does not, by itself, make the associated tokens constitute an investment contract; however, for networks that are not yet operational, if the issuer promotes the buyback as a source of returns for holders, this conclusion may not necessarily apply.Regarding the ongoing development issues of cryptocurrency projects after their launch, the document pointed out that once a cryptocurrency system is operational, services used to protect, maintain, improve, or enhance that system and its functions, or to promote network effects, do not fall under the managerial efforts referred to in the Howey test. The existing uses of marketing networks generally do not create profit expectations, and statements regarding future functionalities are similarly true, provided that profit potential is not promoted. The document reiterated that specific judgments still heavily depend on the actual circumstances of each case.This document is based on the interpretive guidance issued by the SEC in March of this year regarding the application of securities laws to cryptocurrency assets, released just weeks after the Clarity Act failed to advance in the Senate, with regulators continuing to operate under existing laws. Additionally, the U.S. Commodity Futures Trading Commission updated its cryptocurrency FAQs on Thursday, stating that futures companies and clearinghouses may invest customer funds in tokenized versions of previously permitted assets, provided that investment and custody requirements are met; regulated companies may use blockchain for record-keeping but must be able to provide relevant records when the blockchain or its block explorer is not operational.

Cosmos Hub: 1.227 million ATOM has been recovered from the Neutron attack case, with funds temporarily stored at a 4/6 multi-signature address

Cosmos Labs disclosed that on September 22, Neutron encountered a governance attack that led to the theft of liquidity from protocols such as Astroport, with approximately 1.73 million ATOM subsequently transferred by the attacker to Cosmos Hub. The Cosmos Hub itself was not attacked, and user funds were not affected. To prevent the stolen ATOM from being transferred out, Hub validators temporarily paused the network for about 24.5 hours and resumed block production on September 23 based on the patched Gaia v28.3.0.Cosmos Labs stated that during the pause, 1.227 million ATOM remained in the attacker's Hub address. When the network was restored, these were transferred to a 4/6 multi-signature address composed of Nansen, Keplr, Enigma, Silknodes, Kiln, and Polkachu through a one-time change. Previously, about 500,000 ATOM had been exchanged for ETH via THORChain and could not be recovered; another 169,000 ATOM entered the attacker's address after the network was restored due to THORChain refunds and were sold after being transferred to Osmosis. The current multi-signature address holds approximately 1.227 million ATOM, which can only be returned after authorization from a Cosmos Hub governance proposal. The related funds will not be staked, lent, or traded. The Neutron team expects to submit a recovery plan and related governance proposals next week.
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