Exploring Regulatory Considerations: Assessing the Classification of Bored Apes and Other NFTs as Securities

NFTs: Unlocking Authenticity and Value

NFTs (Non-Fungible Tokens) offer a unique value proposition by providing authenticity, originality, and uniqueness to digital assets that would otherwise be indistinguishable copies. These tokens have gained significant popularity, particularly in the art world. Platforms like OpenSea host a wide array of NFTs, including renowned works such as CryptoPunks, Beeple’s “Everydays,” and the intriguing Bored and Mutant Apes. In fact, the Harvard Business School’s Digital Initiative estimates that there are currently around 80 million NFTs in circulation.

NFTs: Art or Securities?

There is a crucial distinction between NFTs perceived as speculative investments and those cherished as artistic expressions. When creators treat NFTs primarily as investment vehicles rather than beloved pieces of art, they inadvertently tread into the realm of securities. Imposing excessive compliance costs to regulate this thriving marketplace, which supports millions of artists, would be both absurd and tragic.

Seeking Clarity and Protection

Considering the Securities and Exchange Commission’s (SEC) stance on matters of this nature, it is prudent to explore legislative actions that ensure a favorable environment for NFTs. One such initiative involves reaching out to the office of House Majority Whip Tom Emmer, a proponent of cryptocurrency, by contacting the Capitol switchboard. Advocating for the enactment of legislation that clearly defines NFTs, unless explicitly promoted as speculative investments, as non-securities and outside the purview of the SEC would provide the necessary clarity and protection for this burgeoning industry.