More on Technology

Gajus Kuizinas
3 years ago
How a few lines of code were able to eliminate a few million queries from the database
I was entering tens of millions of records per hour when I first published Slonik PostgreSQL client for Node.js. The data being entered was usually flat, making it straightforward to use INSERT INTO ... SELECT * FROM unnset() pattern. I advocated the unnest approach for inserting rows in groups (that was part I).
However, today I’ve found a better way: jsonb_to_recordset.
jsonb_to_recordsetexpands the top-level JSON array of objects to a set of rows having the composite type defined by an AS clause.
jsonb_to_recordset allows us to query and insert records from arbitrary JSON, like unnest. Since we're giving JSON to PostgreSQL instead of unnest, the final format is more expressive and powerful.
SELECT *
FROM json_to_recordset('[{"name":"John","tags":["foo","bar"]},{"name":"Jane","tags":["baz"]}]')
AS t1(name text, tags text[]);
name | tags
------+-----------
John | {foo,bar}
Jane | {baz}
(2 rows)Let’s demonstrate how you would use it to insert data.
Inserting data using json_to_recordset
Say you need to insert a list of people with attributes into the database.
const persons = [
{
name: 'John',
tags: ['foo', 'bar']
},
{
name: 'Jane',
tags: ['baz']
}
];You may be tempted to traverse through the array and insert each record separately, e.g.
for (const person of persons) {
await pool.query(sql`
INSERT INTO person (name, tags)
VALUES (
${person.name},
${sql.array(person.tags, 'text[]')}
)
`);
}It's easier to read and grasp when working with a few records. If you're like me and troubleshoot a 2M+ insert query per day, batching inserts may be beneficial.
What prompted the search for better alternatives.
Inserting using unnest pattern might look like this:
await pool.query(sql`
INSERT INTO public.person (name, tags)
SELECT t1.name, t1.tags::text[]
FROM unnest(
${sql.array(['John', 'Jane'], 'text')},
${sql.array(['{foo,bar}', '{baz}'], 'text')}
) AS t1.(name, tags);
`);You must convert arrays into PostgreSQL array strings and provide them as text arguments, which is unsightly. Iterating the array to create slices for each column is likewise unattractive.
However, with jsonb_to_recordset, we can:
await pool.query(sql`
INSERT INTO person (name, tags)
SELECT *
FROM jsonb_to_recordset(${sql.jsonb(persons)}) AS t(name text, tags text[])
`);In contrast to the unnest approach, using jsonb_to_recordset we can easily insert complex nested data structures, and we can pass the original JSON document to the query without needing to manipulate it.
In terms of performance they are also exactly the same. As such, my current recommendation is to prefer jsonb_to_recordset whenever inserting lots of rows or nested data structures.

Mark Schaefer
2 years ago
20 Fun Uses for ChatGPT
Our RISE community is stoked on ChatGPT. ChatGPT has countless uses.
Early on. Companies are figuring out the legal and ethical implications of AI's content revolution. Using AI for everyday tasks is cool.
So I challenged RISE friends... Let's have fun and share non-obvious uses.
Onward!
1. Tweet
Jim MacLeod requested a design-themed Twitter thread from ChatGPT.
2. Novelize
Giuseppe Fratoni writes novels.
"This is amazing!" Impotent. I asked about writing, mystery novels, and jazz.
"Develop a mystery novel plot in which a disillusioned homicide detective hunts a serial killer who targets jazz musicians who play Autumn Leaves."
"I have:
Detective James Thompson is a seasoned veteran of the Homicide department, but lately he’s been feeling burnt out and disillusioned. His latest case, the murder of a young jazz pianist who was found brutally killed in his home, only serves to deepen his sense of despair … (much more provided)
3. Question-and-answer sessions
Bliss recommends:
You have a guest speaker and want to ask audience questions.
Pre-generate questions with ChatGPT. "And here's a question from our AI?"
The conference is about Western water scarcity. Water management expert. My AI question was...
Which desalination-related questions should I ask an expert?
ChatGPT said...
How is desalination currently being used around the world, and in what types of locations is it most effective?
What are the potential advantages and disadvantages of using desalination to provide fresh water?
What are some of the key challenges and limitations of desalination technology, and how are they being addressed?
4. Game-making
Richard's a board game expert. He suggests using ChatGPT to plan games. Note: Some people have started getting help solving crossword puzzle clues.
5. Matchmaking
Tanya Thompson thinks it helps dating. ChatGPT:
Here are some flirty first-message ideas for dating apps:
I noticed you from afar. I had to say hi and see if we clicked.
Your profile picture is gorgeous. I'm obsessed with your [Feature] and want to know you better.
I don't usually message first, but I had to. You're [Attractive Quality] and I can't wait to talk.”
Hello. Your profile intimidates me. I'm starstruck by your [Attractiveness]. (Many instances)
5. Solitude/anxiety
ChatGPT excels at one-on-one conversations.
PepperBrooks: "I'm sad and lonely."
ChatGPT: I’m sorry to hear that you’re feeling sad and lonely. It’s natural to feel down sometimes, but it’s important to remember that you’re not alone. There are many people who care about you and want to help you. It can be helpful to talk to someone about your feelings, whether it’s a close friend, family member, or mental health professional.
Sometimes, just expressing your thoughts and emotions to someone else can help to alleviate your sadness and loneliness. It’s also important to take care of yourself and do things that make you happy, such as spending time with loved ones, pursuing a hobby, or exercising. These things can help to improve your mood and make you feel more connected to others. Remember that you are strong and capable, and that you can get through this difficult time.
Daniel Nestle asked ChatGPT to generate journal prompts to help him deal with anxiety.
Write down the things that are causing you anxiety at the moment.
Describe a situation in which you felt anxious and how you coped with it.
Reflect on how your thoughts and beliefs contribute to your anxiety.
Write a letter to your anxiety, expressing your feelings and concerns
Imagine yourself in a calm and peaceful place, and describe it in detail.
(many more items followed)
6. Names
Continued Daniel:
Also, naming ideas.
Me: Name this drink. Japanese gin, unsweetened tonic, lime, Szechuan pepper, grapefruit.
ChatGPT: How about “Sakura Sunrise?” The name incorporates the Japanese gin and the citrus flavors of grapefruit and lime, and the word “sunrise” suggests a fresh and invigorating start to the day. Alternatively, you could go with something like “Peppered Grapefruit Gin Fizz” to emphasize the unique flavor combination of Szechuan pepper and grapefruit.
7. Translation on the go
Monks recommends: ChatGPT is a perfect mobile translation tool. Say you need help in Italy.
ME: Translate to Italian
Where is the nearest gas station?
ChatGPT: “La mia auto sta per esaurire il carburante, mi puoi dire dove si trova la stazione di servizio più vicina?”
8. Fitness
Monks added:
ME: In 3 months, I want to run 5km. Plan out how I can do this.
ChatGPT: Here's a 3-month plan to run 5km.
Start by walking for 15–20 minutes each day to build up your endurance and get your body used to regular exercise.
After a week of walking, begin incorporating short jogs into your routine. Start by jogging for 1–2 minutes at a time, with walking breaks in between. Gradually increase the length of your jogs and reduce the amount of time you spend walking.
Once you can jog for 10 minutes without stopping, start increasing the distance of your runs. Aim to run 1km without stopping and then gradually increase the distance over time.
In addition to your regular runs, incorporate strength training and stretching into your routine to improve your overall fitness and reduce the risk of injury.
(more details continued on)
9. Integrations and coding
10. Teacher lesson plans
Spencer Crandall saved time.
This morning, I wondered who has the hardest job. Teachers.
Many students, little time. ChatGPT could handle lesson planning. I tried it and got this.
Lesson Title: The History and Impact of Artificial Intelligence
Students will understand the history and development of AI and the potential positive and negative impacts on society.
AI timeline AI technologies and applications
Overview:
Introduce the topic of artificial intelligence, and explain that it refers to the development of computer systems and algorithms that can simulate human intelligence and behavior.
Show the timeline of significant events in the history of AI, and discuss the key milestones and developments in the field.
Show examples of AI technologies and applications, and explain how they are used in various industries and fields.
Discuss the potential positive and negative impacts of AI on society, including its potential to improve productivity, efficiency, and safety, as well as its potential to create new challenges and concerns, such as job displacement and ethical issues.
(many more details followed)
11. Find podcast guests.
Joeri Billast suggested:
Who should be on my Web3 podcast?
ChatGPT: Web3 marketing experts, influencers, and thought leaders make great podcast guests. These include Web3 marketers, content creators, business owners, entrepreneurs, and technologists. You could invite Web3 startups and organizations to your podcast.
Please give examples.
ChatGPT: Ideal Web3 marketing podcast guests include:
Tim Berner-Lee, inventor of the World Wide Web
Chris Dixon, general partner at Andreessen Horowitz
Vitalik Buterin, founder of Ethereum
Joe Lubin, founder of ConsenSys
Susan Fowler, author of Whistleblower
(many other suggestions)
12. Comments and reviews on social media
Lisa Monk thinks ChatGPT can help retail staff with social media.
She asked ChatGPT to "review this restaurant"
POSITIVE CUSTOMER REVIEW: I absolutely love this place. We eat out a lot however this place has topped it all. Perfect meals, amazing staff and the timing for it all was great! Special thanks to Sophie B (you rock) From your guests all the way from the Gold Coast, THANK YOU
ChatGPT REPLY: Thank you so much for your kind words and for taking the time to write a review. We are delighted to hear that you had such a great experience at our restaurant. We are thrilled that you enjoyed your meal and the service provided by Sophie. It’s always a pleasure to serve guests visiting from the Gold Coast and we are grateful for your support. We look forward to welcoming you back again soon. Thank you again for your positive review.
CUSTOMER REVIEW: Most average food, there is a nice view, But that’s about it
ChatGPT: Thank you for your review. We apologize if your dining experience was not up to your expectations. We strive to provide top-quality food and service to all of our customers, and we will take your feedback into consideration as we continue to improve. Thank you for letting us know about your experience.
13. Crime-fighting
Zack Seipert said, "I researched some famous unsolved murders, and ChatGPT laid out the crime, suspects, clues, and more." I bet experienced detectives could solve some of these cold cases.
14. Reduce bias
Joanne Taylor struggles to remove biases from her writing. She asked ChatGPT for ideas.
I asked ChatGPT to check a text for racial bias, and it did well.
15. Furnishings
I designed a small, unique table using ChatGPT and MidJourney. I edited ChatGPT's idea for clarity and brevity before entering it in MidJourney.
Results:
16. Serialize a novel
Scott Scowcoft led ChatCPT through iterations of a story text to create serialized novel frames. You can view this here.
17. Interview preparation
I was on a sales podcast. Although this is marketing-related, it's not my forte. I asked ChatGPT for help with a sales interview. Response:
Here are some interview questions about the future of sales and how to answer them.
How will technology affect sales in the future?
Technology will impact sales in the coming years. Automation and AI could be used to handle routine tasks, and data analysis and CRM could become more important. E-commerce and online sales channels are also reshaping the sales landscape.
How will the salesperson's role change?
Future sales roles may change in response to changing customer needs and expectations. Salespeople must be knowledgeable and consultative to help customers navigate complex products and services. Increasing importance of data analysis and CRM tools will require salespeople to understand and use technology effectively.
Future sales professionals will need what skills?
Future salespeople will need many skills. Sales professionals must have strong communication and interpersonal skills, as well as product and service knowledge and the ability to use data analysis and CRM tools effectively. Adapting to changing customer needs and staying current on industry trends will also be important for sales success.
18. Gift ideas
I need Christmas gift ideas for my wife. I asked:
Suggest a gift idea under $200 for a middle-aged woman who loves The Eagles.
A middle-aged woman who loves The Eagles might like a vinyl record of "Hotel California" or "The Long Run." Many music fans enjoy the unique sound and experience of vinyl records.
Pair the record with a high-quality record player for a complete gift. The vinyl record and record player should fit within your $200 budget for an Eagles fan.
19. Explaining complex concepts
I entered: Explain quantum physics to me as if I were 10 years old.
Quantum physics is a branch of science that studies how tiny particles, like atoms and subatomic particles, behave. These particles are so small that they don’t always follow the same rules as the things we can see and touch every day.
For example, sometimes they can be in two places at the same time, or they can be friends with each other even if they are far apart. This might sound strange, but it’s what scientists have learned from studying these tiny particles. Quantum physics helps us understand how the world works at a very small scale, and it can also help us make new technologies, like computers that are much faster than the ones we have today.
20. AP-style editing
Blogs, journals, and books follow AP Style. I asked ChatGPT to "edit using AP Style" and it did a great job.
And then... "Write a catchy headline for a blog post about 16 ChatGPT uses"
Here are some possible blog post titles for 20 creative ChatGPT uses:
“20 Fun and Creative Ways to Use ChatGPT: From Games to Quizzes and More”
“The Ultimate Guide to Using ChatGPT for Entertainment and Creativity”
“20 Reasons to Use ChatGPT: How it Can Enhance Your Gaming, Storytelling, and More”
20 Entertaining Uses for ChatGPT You Never Knew Were Possible”
“Unleash Your Imagination with ChatGPT: 16 Creative and Fun Ways to Use it”
In a previous post, I said ChatGPT will change marketing careers forever. I have never made a statement like that in my life. Even in the early days of the internet, people were cautious.
This technology was just released two weeks ago, and over a million people are already using it. This is the fastest technology adoption in history.
Today's post offers inventive and entertaining ideas, but it's just the beginning. ChatGPT writes code, music, and papers.

Nikhil Vemu
3 years ago
7 Mac Tips You Never Knew You Needed
Unleash the power of the Option key ⌥
#1 Open a link in the Private tab first.
Previously, if I needed to open a Safari link in a private window, I would:
copied the URL with the right click command,
choose File > New Private Window to open a private window, and
clicked return after pasting the URL.
I've found a more straightforward way.
Right-clicking a link shows this, right?
Hold option (⌥) for:
Click Open Link in New Private Window while holding.
Finished!
#2. Instead of searching for specific characters, try this
You may use unicode for business or school. Most people Google them when they need them.
That is lengthy!
You can type some special characters just by pressing ⌥ and a key.
For instance
• ⌥+2 -> ™ (Trademark)
• ⌥+0 -> ° (Degree)
• ⌥+G -> © (Copyright)
• ⌥+= -> ≠ (Not equal to)
• ⌥+< -> ≤ (Less than or equal to)
• ⌥+> -> ≥ (Greater then or equal to)
• ⌥+/ -> ÷ (Different symbol for division)#3 Activate Do Not Disturb silently.
Do Not Disturb when sharing my screen is awkward for me (because people may think Im trying to hide some secret notifications).
Here's another method.
Hold ⌥ and click on Time (at the extreme right on the menu-bar).
Now, DND is activated (secretly!). To turn it off, do it again.
Note: This works only for DND focus.#4. Resize a window starting from its center
Although this is rarely useful, it is still a hidden trick.
When you resize a window, the opposite edge or corner is used as the pivot, right?
However, if you want to resize it with its center as the pivot, hold while doing so.
#5. Yes, Cut-Paste is available on Macs as well (though it is slightly different).
I call it copy-move rather than cut-paste. This is how it works.
Carry it out.
Choose a file (by clicking on it), then copy it (⌘+C).
Go to a new location on your Mac. Do you use ⌘+V to paste it? However, to move it, press ⌘+⌥+V.
This removes the file from its original location and copies it here. And it works exactly like cut-and-paste on Windows.
#6. Instantly expand all folders
Set your Mac's folders to List view.
Assume you have one folder with multiple subfolders, each of which contains multiple files. And you wanted to look at every single file that was over there.
How would you do?
You're used to clicking the ⌄ glyph near the folder and each subfolder to expand them all, right? Instead, hold down ⌥ while clicking ⌄ on the parent folder.
This is what happens next.
Everything expands.
View/Copy a file's path as an added bonus
If you want to see the path of a file in Finder, select it and hold ⌥, and you'll see it at the bottom for a moment.
To copy its path, right-click on the folder and hold down ⌥ to see this
Click on Copy <"folder name"> as Pathname to do it.
#7 "Save As"
I was irritated by the lack of "Save As" in Pages when I first got a Mac (after 15 years of being a Windows guy).
It was necessary for me to save the file as a new file, in a different location, with a different name, or both.
Unfortunately, I couldn't do it on a Mac.
However, I recently discovered that it appears when you hold ⌥ when in the File menu.
Yay!
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Bart Krawczyk
2 years ago
Understanding several Value Proposition kinds will help you create better goods.
Fixing problems isn't enough.
Numerous articles and how-to guides on value propositions focus on fixing consumer concerns.
Contrary to popular opinion, addressing customer pain rarely suffices. Win your market category too.
Core Value Statement
Value proposition usually means a product's main value.
Its how your product solves client problems. The product's core.
Answering these questions creates a relevant core value proposition:
What tasks is your customer trying to complete? (Jobs for clients)
How much discomfort do they feel while they perform this? (pains)
What would they like to see improved or changed? (gains)
After that, you create products and services that alleviate those pains and give value to clients.
Value Proposition by Category
Your product belongs to a market category and must follow its regulations, regardless of its value proposition.
Creating a new market category is challenging. Fitting into customers' product perceptions is usually better than trying to change them.
New product users simplify market categories. Products are labeled.
Your product will likely be associated with a collection of products people already use.
Example: IT experts will use your communication and management app.
If your target clients think it's an advanced mail software, they'll compare it to others and expect things like:
comprehensive calendar
spam detectors
adequate storage space
list of contacts
etc.
If your target users view your product as a task management app, things change. You can survive without a contact list, but not status management.
Find out what your customers compare your product to and if it fits your value offer. If so, adapt your product plan to dominate this market. If not, try different value propositions and messaging to put the product in the right context.
Finished Value Proposition
A comprehensive value proposition is when your solution addresses user problems and wins its market category.
Addressing simply the primary value proposition may produce a valuable and original product, but it may struggle to cross the chasm into the mainstream market. Meeting expectations is easier than changing views.
Without a unique value proposition, you will drown in the red sea of competition.
To conclude:
Find out who your target consumer is and what their demands and problems are.
To meet these needs, develop and test a primary value proposition.
Speak with your most devoted customers. Recognize the alternatives they use to compare you against and the market segment they place you in.
Recognize the requirements and expectations of the market category.
To meet or surpass category standards, modify your goods.
Great products solve client problems and win their category.

Antonio Neto
3 years ago
What's up with tech?
Massive Layoffs, record low VC investment, debate over crash... why is it happening and what’s the endgame?
This article generalizes a diverse industry. For objectivity, specific tech company challenges like growing competition within named segments won't be considered. Please comment on the posts.
According to Layoffs.fyi, nearly 120.000 people have been fired from startups since March 2020. More than 700 startups have fired 1% to 100% of their workforce. "The tech market is crashing"
Venture capital investment dropped 19% QoQ in the first four months of 2022, a 2018 low. Since January 2022, Nasdaq has dropped 27%. Some believe the tech market is collapsing.
It's bad, but nothing has crashed yet. We're about to get super technical, so buckle up!
I've written a follow-up article about what's next. For a more optimistic view of the crisis' aftermath, see: Tech Diaspora and Silicon Valley crisis
What happened?
Insanity reigned. Last decade, everyone became a unicorn. Seed investments can be made without a product or team. While the "real world" economy suffered from the pandemic for three years, tech companies enjoyed the "new normal."
COVID sped up technology adoption on several fronts, but this "new normal" wasn't so new after many restrictions were lifted. Worse, it lived with disrupted logistics chains, high oil prices, and WW3. The consumer market has felt the industry's boom for almost 3 years. Inflation, unemployment, mental distress...what looked like a fast economic recovery now looks like unfulfilled promises.
People rethink everything they eat. Paying a Netflix subscription instead of buying beef is moronic if you can watch it for free on your cousin’s account. No matter how great your real estate app's UI is, buying a house can wait until mortgage rates drop. PLGProduct Led Growth (PLG) isn't the go-to strategy when consumers have more basic expense priorities.
Exponential growth and investment
Until recently, tech companies believed that non-exponential revenue growth was fatal. Exponential growth entails doing more with less. From Salim Ismail words:
An Exponential Organization (ExO) has 10x the impact of its peers.
Many tech companies' theories are far from reality.
Investors have funded (sometimes non-exponential) growth. Scale-driven companies throw people at problems until they're solved. Need an entire closing team because you’ve just bought a TV prime time add? Sure. Want gold-weight engineers to colorize buttons? Why not?
Tech companies don't need cash flow to do it; they can just show revenue growth and get funding. Even though it's hard to get funding, this was the market's momentum until recently.
The graph at the beginning of this section shows how industry heavyweights burned money until 2020, despite being far from their market-share seed stage. Being big and being sturdy are different things, and a lot of the tech startups out there are paper tigers. Without investor money, they have no foundation.
A little bit about interest rates
Inflation-driven high interest rates are said to be causing tough times. Investors would rather leave money in the bank than spend it (I myself said it some days ago). It’s not wrong, but it’s also not that simple.
The USA central bank (FED) is a good proxy of global economics. Dollar treasury bonds are the safest investment in the world. Buying U.S. debt, the only country that can print dollars, guarantees payment.
The graph above shows that FED interest rates are low and 10+ year bond yields are near 2018 levels. Nobody was firing at 2018. What’s with that then?
Full explanation is too technical for this article, so I'll just summarize: Bond yields rise due to lack of demand or market expectations of longer-lasting inflation. Safe assets aren't a "easy money" tactic for investors. If that were true, we'd have seen the current scenario before.
Long-term investors are protecting their capital from inflation.
Not a crash, a landing
I bombarded you with info... Let's review:
Consumption is down, hurting revenue.
Tech companies of all ages have been hiring to grow revenue at the expense of profit.
Investors expect inflation to last longer, reducing future investment gains.
Inflation puts pressure on a wheel that was rolling full speed not long ago. Investment spurs hiring, growth, and more investment. Worried investors and consumers reduce the cycle, and hiring follows.
Long-term investors back startups. When the invested company goes public or is sold, it's ok to burn money. What happens when the payoff gets further away? What if all that money sinks? Investors want immediate returns.
Why isn't the market crashing? Technology is not losing capital. It’s expecting change. The market realizes it threw moderation out the window and is reversing course. Profitability is back on the menu.
People solve problems and make money, but they also cost money. Huge cost for the tech industry. Engineers, Product Managers, and Designers earn up to 100% more than similar roles. Businesses must be careful about who they keep and in what positions to avoid wasting money.
What the future holds
From here on, it's all speculation. I found many great articles while researching this piece. Some are cited, others aren't (like this and this). We're in an adjustment period that may or may not last long.
Big companies aren't laying off many workers. Netflix firing 100 people makes headlines, but it's only 1% of their workforce. The biggest seem to prefer not hiring over firing.
Smaller startups beyond the seeding stage may be hardest hit. Without structure or product maturity, many will die.
I expect layoffs to continue for some time, even at Meta or Amazon. I don't see any industry names falling like they did during the .com crisis, but the market will shrink.
If you are currently employed, think twice before moving out and where to.
If you've been fired, hurry, there are still many opportunities.
If you're considering a tech career, wait.
If you're starting a business, I respect you. Good luck.
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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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