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Katherine Kornei

Katherine Kornei

3 years ago

The InSight lander from NASA has recorded the greatest tremor ever felt on Mars.

The magnitude 5 earthquake was responsible for the discharge of energy that was 10 times greater than the previous record holder.

Any Martians who happen to be reading this should quickly learn how to duck and cover.

NASA's Jet Propulsion Laboratory in Pasadena, California, reported that on May 4, the planet Mars was shaken by an earthquake of around magnitude 5, making it the greatest Marsquake ever detected to this point. The shaking persisted for more than six hours and unleashed more than ten times as much energy as the earthquake that had previously held the record for strongest.

The event was captured on record by the InSight lander, which is operated by the United States Space Agency and has been researching the innards of Mars ever since it touched down on the planet in 2018 (SN: 11/26/18). The epicenter of the earthquake was probably located in the vicinity of Cerberus Fossae, which is located more than 1,000 kilometers away from the lander.

The surface of Cerberus Fossae is notorious for being broken up and experiencing periodic rockfalls. According to geophysicist Philippe Lognonné, who is the lead investigator of the Seismic Experiment for Interior Structure, the seismometer that is onboard the InSight lander, it is reasonable to assume that the ground is moving in that area. "This is an old crater from a volcanic eruption."

Marsquakes, which are similar to earthquakes in that they give information about the interior structure of our planet, can be utilized to investigate what lies beneath the surface of Mars (SN: 7/22/21). And according to Lognonné, who works at the Institut de Physique du Globe in Paris, there is a great deal that can be gleaned from analyzing this massive earthquake. Because the quality of the signal is so high, we will be able to focus on the specifics.

More on Science

Katrina Paulson

Katrina Paulson

3 years ago

Dehumanization Against Anthropomorphization

We've fought for humanity's sake. We need equilibrium.

Photo by Bekah Russom on Unsplash

We live in a world of opposites (black/white, up/down, love/hate), thus life is a game of achieving equilibrium. We have a universe of paradoxes within ourselves, not just in physics.

Individually, you balance your intellect and heart, but as a species, we're full of polarities. They might be gentle and compassionate, then ruthless and unsympathetic.

We desire for connection so much that we personify non-human beings and objects while turning to violence and hatred toward others. These contrasts baffle me. Will we find balance?

Anthropomorphization

Assigning human-like features or bonding with objects is common throughout childhood. Cartoons often give non-humans human traits. Adults still anthropomorphize this trait. Researchers agree we start doing it as infants and continue throughout life.

Humans of all ages are good at humanizing stuff. We build emotional attachments to weather events, inanimate objects, animals, plants, and locales. Gods, goddesses, and fictitious figures are anthropomorphized.

Cast Away, starring Tom Hanks, features anthropization. Hanks is left on an island, where he builds an emotional bond with a volleyball he calls Wilson.

We became emotionally invested in Wilson, including myself.

Why do we do it, though?

Our instincts and traits helped us survive and thrive. Our brain is alert to other people's thoughts, feelings, and intentions to assist us to determine who is safe or hazardous. We can think about others and our own mental states, or about thinking. This is the Theory of Mind.

Neurologically, specialists believe the Theory of Mind has to do with our mirror neurons, which exhibit the same activity while executing or witnessing an action.

Mirror neurons may contribute to anthropization, but they're not the only ones. In 2021, Harvard Medical School researchers at MGH and MIT colleagues published a study on the brain's notion of mind.

“Our study provides evidence to support theory of mind by individual neurons. Until now, it wasn’t clear whether or how neurons were able to perform these social cognitive computations.”

Neurons have particular functions, researchers found. Others encode information that differentiates one person's beliefs from another's. Some neurons reflect tale pieces, whereas others aren't directly involved in social reasoning but may multitask contributing factors.

Combining neuronal data gives a precise portrait of another's beliefs and comprehension. The theory of mind describes how we judge and understand each other in our species, and it likely led to anthropomorphism. Neuroscience indicates identical brain regions react to human or non-human behavior, like mirror neurons.

Some academics believe we're wired for connection, which explains why we anthropomorphize. When we're alone, we may anthropomorphize non-humans.

Humanizing non-human entities may make them deserving of moral care, according to another theory. Animamorphizing something makes it responsible for its actions and deserves punishments or rewards. This mental shift is typically apparent in our connections with pets and leads to deanthropomorphization.

Dehumanization

Dehumanizing involves denying someone or anything ethical regard, the opposite of anthropomorphizing.

Dehumanization occurs throughout history. We do it to everything in nature, including ourselves. We experiment on and torture animals. We enslave, hate, and harm other groups of people.

Race, immigrant status, dress choices, sexual orientation, social class, religion, gender, politics, need I go on? Our degrading behavior is promoting fascism and division everywhere.

Dehumanizing someone or anything reduces their agency and value. Many assume they're immune to this feature, but tests disagree.

It's inevitable. Humans are wired to have knee-jerk reactions to differences. We are programmed to dehumanize others, and it's easier than we'd like to admit.

Why do we do it, though?

Dehumanizing others is simpler than humanizing things for several reasons. First, we consider everything unusual as harmful, which has helped our species survive for hundreds of millions of years. Our propensity to be distrustful of others, like our fear of the unknown, promotes an us-vs.-them mentality.

Since WWII, various studies have been done to explain how or why the holocaust happened. How did so many individuals become radicalized to commit such awful actions and feel morally justified? Researchers quickly showed how easily the mind can turn gloomy.

Stanley Milgram's 1960s electroshock experiment highlighted how quickly people bow to authority to injure others. Philip Zimbardo's 1971 Stanford Prison Experiment revealed how power may be abused.

The us-versus-them attitude is natural and even young toddlers act on it. Without a relationship, empathy is more difficult.

It's terrifying how quickly dehumanizing behavior becomes commonplace. The current pandemic is an example. Most countries no longer count deaths. Long Covid is a major issue, with predictions of a handicapped tsunami in the future years. Mostly, we shrug.

In 2020, we panicked. Remember everyone's caution? Now Long Covid is ruining more lives, threatening to disable an insane amount of our population for months or their entire lives.

There's little research. Experts can't even classify or cure it. The people should be outraged, but most have ceased caring. They're over covid.

We're encouraged to find a method to live with a terrible pandemic that will cause years of damage. People aren't worried about infection anymore. They shrug and say, "We'll all get it eventually," then hope they're not one of the 30% who develops Long Covid.

We can correct course before further damage. Because we can recognize our urges and biases, we're not captives to them. We can think critically about our thoughts and behaviors, then attempt to improve. We can recognize our deficiencies and work to attain balance.

Changing perspectives

We're currently attempting to find equilibrium between opposites. It's superficial to defend extremes by stating we're only human or wired this way because both imply we have no control.

Being human involves having self-awareness, and by being careful of our thoughts and acts, we can find balance and recognize opposites' purpose.

Extreme anthropomorphizing and dehumanizing isolate and imperil us. We anthropomorphize because we desire connection and dehumanize because we're terrified, frequently of the connection we crave. Will we find balance?

Katrina Paulson ponders humanity, unanswered questions, and discoveries. Please check out her newsletters, Curious Adventure and Curious Life.

Daniel Clery

3 years ago

Twisted device investigates fusion alternatives

German stellarator revamped to run longer, hotter, compete with tokamaks

Wendelstein 7-X’s complex geometry was a nightmare to build but, when fired up, worked from the start.

Tokamaks have dominated the search for fusion energy for decades. Just as ITER, the world's largest and most expensive tokamak, nears completion in southern France, a smaller, twistier testbed will start up in Germany.

If the 16-meter-wide stellarator can match or outperform similar-size tokamaks, fusion experts may rethink their future. Stellarators can keep their superhot gases stable enough to fuse nuclei and produce energy. They can theoretically run forever, but tokamaks must pause to reset their magnet coils.

The €1 billion German machine, Wendelstein 7-X (W7-X), is already getting "tokamak-like performance" in short runs, claims plasma physicist David Gates, preventing particles and heat from escaping the superhot gas. If W7-X can go long, "it will be ahead," he says. "Stellarators excel" Eindhoven University of Technology theorist Josefine Proll says, "Stellarators are back in the game." A few of startup companies, including one that Gates is leaving Princeton Plasma Physics Laboratory, are developing their own stellarators.

W7-X has been running at the Max Planck Institute for Plasma Physics (IPP) in Greifswald, Germany, since 2015, albeit only at low power and for brief runs. W7-X's developers took it down and replaced all inner walls and fittings with water-cooled equivalents, allowing for longer, hotter runs. The team reported at a W7-X board meeting last week that the revised plasma vessel has no leaks. It's expected to restart later this month to show if it can get plasma to fusion-igniting conditions.

Wendelstein 7-X’s twisting inner surface is now water cooled, enabling longer runs

Wendelstein 7-X's water-cooled inner surface allows for longer runs.

HOSAN/IPP

Both stellarators and tokamaks create magnetic gas cages hot enough to melt metal. Microwaves or particle beams heat. Extreme temperatures create a plasma, a seething mix of separated nuclei and electrons, and cause the nuclei to fuse, releasing energy. A fusion power plant would use deuterium and tritium, which react quickly. Non-energy-generating research machines like W7-X avoid tritium and use hydrogen or deuterium instead.

Tokamaks and stellarators use electromagnetic coils to create plasma-confining magnetic fields. A greater field near the hole causes plasma to drift to the reactor's wall.

Tokamaks control drift by circulating plasma around a ring. Streaming creates a magnetic field that twists and stabilizes ionized plasma. Stellarators employ magnetic coils to twist, not plasma. Once plasma physicists got powerful enough supercomputers, they could optimize stellarator magnets to improve plasma confinement.

W7-X is the first large, optimized stellarator with 50 6- ton superconducting coils. Its construction began in the mid-1990s and cost roughly twice the €550 million originally budgeted.

The wait hasn't disappointed researchers. W7-X director Thomas Klinger: "The machine operated immediately." "It's a friendly machine." It did everything we asked." Tokamaks are prone to "instabilities" (plasma bulging or wobbling) or strong "disruptions," sometimes associated to halted plasma flow. IPP theorist Sophia Henneberg believes stellarators don't employ plasma current, which "removes an entire branch" of instabilities.

In early stellarators, the magnetic field geometry drove slower particles to follow banana-shaped orbits until they collided with other particles and leaked energy. Gates believes W7-X's ability to suppress this effect implies its optimization works.

W7-X loses heat through different forms of turbulence, which push particles toward the wall. Theorists have only lately mastered simulating turbulence. W7-X's forthcoming campaign will test simulations and turbulence-fighting techniques.

A stellarator can run constantly, unlike a tokamak, which pulses. W7-X has run 100 seconds—long by tokamak standards—at low power. The device's uncooled microwave and particle heating systems only produced 11.5 megawatts. The update doubles heating power. High temperature, high plasma density, and extensive runs will test stellarators' fusion power potential. Klinger wants to heat ions to 50 million degrees Celsius for 100 seconds. That would make W7-X "a world-class machine," he argues. The team will push for 30 minutes. "We'll move step-by-step," he says.

W7-X's success has inspired VCs to finance entrepreneurs creating commercial stellarators. Startups must simplify magnet production.

Princeton Stellarators, created by Gates and colleagues this year, has $3 million to build a prototype reactor without W7-X's twisted magnet coils. Instead, it will use a mosaic of 1000 HTS square coils on the plasma vessel's outside. By adjusting each coil's magnetic field, operators can change the applied field's form. Gates: "It moves coil complexity to the control system." The company intends to construct a reactor that can fuse cheap, abundant deuterium to produce neutrons for radioisotopes. If successful, the company will build a reactor.

Renaissance Fusion, situated in Grenoble, France, raised €16 million and wants to coat plasma vessel segments in HTS. Using a laser, engineers will burn off superconductor tracks to carve magnet coils. They want to build a meter-long test segment in 2 years and a full prototype by 2027.

Type One Energy in Madison, Wisconsin, won DOE money to bend HTS cables for stellarator magnets. The business carved twisting grooves in metal with computer-controlled etching equipment to coil cables. David Anderson of the University of Wisconsin, Madison, claims advanced manufacturing technology enables the stellarator.

Anderson said W7-X's next phase will boost stellarator work. “Half-hour discharges are steady-state,” he says. “This is a big deal.”

Sara_Mednick

Sara_Mednick

3 years ago

Since I'm a scientist, I oppose biohacking

Understanding your own energy depletion and restoration is how to truly optimize

Photo: Towfiqu barbhuiya / Unsplash

Hack has meant many bad things for centuries. In the 1800s, a hack was a meager horse used to transport goods.

Modern usage describes a butcher or ax murderer's cleaver chop. The 1980s programming boom distinguished elegant code from "hacks". Both got you to your goal, but the latter made any programmer cringe and mutter about changing the code. From this emerged the hacker trope, the friendless anti-villain living in a murky hovel lit by the computer monitor, eating junk food and breaking into databases to highlight security system failures or steal hotdog money.

Remember the 1995 movie, Hackers, in which a bunch of super cool programmers (said no one ever) get caught up in a plot to destroy the world and only teenybopper Angelina Jolie and her punk rock gang of nerd-bots can use their lightening quick typing skills to save the world? Remember public phones?

Now, start-a-billion-dollar-business-from-your-garage types have shifted their sights from app development to DIY biology, coining the term "bio-hack". This is a required keyword and meta tag for every fitness-related podcast, book, conference, app, or device.

Bio-hacking involves bypassing your body and mind's security systems to achieve a goal. Many biohackers' initial goals were reasonable, like lowering blood pressure and weight. Encouraged by their own progress, self-determination, and seemingly exquisite control of their biology, they aimed to outsmart aging and death to live 180 to 1000 years (summarized well in this vox.com article).

With this grandiose north star, the hunt for novel supplements and genetic engineering began.

Companies selling do-it-yourself biological manipulations cite lab studies in mice as proof of their safety and success in reversing age-related diseases or promoting longevity in humans (the goal changes depending on whether a company is talking to the federal government or private donors).

The FDA is slower than science, they say. Why not alter your biochemistry by buying pills online, editing your DNA with a CRISPR kit, or using a sauna delivered to your home? How about a microchip or electrical stimulator?

What could go wrong?


I'm not the neo-police, making citizen's arrests every time someone introduces a new plumbing gadget or extrapolates from animal research on resveratrol or catechins that we should drink more red wine or eat more chocolate. As a scientist who's spent her career asking, "Can we get better?" I've come to view bio-hacking as misguided, profit-driven, and counterproductive to its followers' goals.

We're creatures of nature. Despite all the new gadgets and bio-hacks, we still use Roman plumbing technology, and the best way to stay fit, sharp, and happy is to follow a recipe passed down since the beginning of time. Bacteria, plants, and all natural beings are rhythmic, with alternating periods of high activity and dormancy, whether measured in seconds, hours, days, or seasons. Nature repeats successful patterns.

During the Upstate, every cell in your body is naturally primed and pumped full of glycogen and ATP (your cells' energy currencies), as well as cortisol, which supports your muscles, heart, metabolism, cognitive prowess, emotional regulation, and general "get 'er done" attitude. This big energy release depletes your batteries and requires the Downstate, when your subsystems recharge at the cellular level.

Downstates are when you give your heart a break from pumping nutrient-rich blood through your body; when you give your metabolism a break from inflammation, oxidative stress, and sympathetic arousal caused by eating fast food — or just eating too fast; or when you give your mind a chance to wander, think bigger thoughts, and come up with new creative solutions. When you're responding to notifications, emails, and fires, you can't relax.

Every biological plant and animal is regulated by rhythms of energy-depleting Upstate and energy-restoring Downstates.

Downstates aren't just for consistently recharging your battery. By spending time in the Downstate, your body and brain get extra energy and nutrients, allowing you to grow smarter, faster, stronger, and more self-regulated. This state supports half-marathon training, exam prep, and mediation. As we age, spending more time in the Downstate is key to mental and physical health, well-being, and longevity.

When you prioritize energy-demanding activities during Upstate periods and energy-replenishing activities during Downstate periods, all your subsystems, including cardiovascular, metabolic, muscular, cognitive, and emotional, hum along at their optimal settings. When you synchronize the Upstates and Downstates of these individual rhythms, their functioning improves. A hard workout causes autonomic stress, which triggers Downstate recovery.

This zig-zag trajectory of performance improvement illustrates that getting better at anything in life isn’t a straight shot. The close-up box shows how prioritizing Downstate recovery after an Upstate exertion (e.g., hard workout) leads to RECOVERYPLUS. Image from The Power of the Downstate by Sara C. Mednick PhD.

By choosing the right timing and type of exercise during the day, you can ensure a deeper recovery and greater readiness for the next workout by working with your natural rhythms and strengthening your autonomic and sleep Downstates.

Morning cardio workouts increase deep sleep compared to afternoon workouts. Timing and type of meals determine when your sleep hormone melatonin is released, ushering in sleep.

Rhythm isn't a hack. It's not a way to cheat the system or the boss. Nature has honed its optimization wisdom over trillions of days and nights. Stop looking for quick fixes. You're a whole system made of smaller subsystems that must work together to function well. No one pill or subsystem will make it all work. Understanding and coordinating your rhythms is free, easy, and only benefits you.

Dr. Sara C. Mednick is a cognitive neuroscientist at UC Irvine and author of The Power of the Downstate (HachetteGO)

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Startup Journal

Startup Journal

3 years ago

The Top 14 Software Business Ideas That Are Sure To Succeed in 2023

Software can change any company.

Photo by Marvin Meyer on Unsplash

Software is becoming essential. Everyone should consider how software affects their lives and others'.

Software on your phone, tablet, or computer offers many new options. We're experts in enough ways now.

Software Business Ideas will be popular by 2023.

ERP Programs

ERP software meets rising demand.

ERP solutions automate and monitor tasks that large organizations, businesses, and even schools would struggle to do manually.

ERP software could reach $49 billion by 2024.

CRM Program

CRM software is a must-have for any customer-focused business.

Having an open mind about your business services and products allows you to change platforms.

Another company may only want your CRM service.

Medical software

Healthcare facilities need reliable, easy-to-use software.

EHRs, MDDBs, E-Prescribing, and more are software options.

The global medical software market could reach $11 billion by 2025, and mobile medical apps may follow.

Presentation Software in the Cloud

SaaS presentation tools are great.

They're easy to use, comprehensive, and full of traditional Software features.

In today's cloud-based world, these solutions make life easier for people. We don't know about you, but we like it.

Software for Project Management

People began working remotely without signs or warnings before the 2020 COVID-19 pandemic.

Many organizations found it difficult to track projects and set deadlines.

With PMP software tools, teams can manage remote units and collaborate effectively.

App for Blockchain-Based Invoicing

This advanced billing and invoicing solution is for businesses and freelancers.

These blockchain-based apps can calculate taxes, manage debts, and manage transactions.

Intelligent contracts help blockchain track transactions more efficiently. It speeds up and improves invoice generation.

Software for Business Communications

Internal business messaging is tricky.

Top business software tools for communication can share files, collaborate on documents, host video conferences, and more.

Payroll Automation System

Software development also includes developing an automated payroll system.

These software systems reduce manual tasks for timely employee payments.

These tools help enterprise clients calculate total wages quickly, simplify tax calculations, improve record-keeping, and support better financial planning.

System for Detecting Data Leaks

Both businesses and individuals value data highly. Yahoo's data breach is dangerous because of this.

This area of software development can help people protect their data.

You can design an advanced data loss prevention system.

AI-based Retail System

AI-powered shopping systems are popular. The systems analyze customers' search and purchase patterns and store history and are equipped with a keyword database.

These systems offer many customers pre-loaded products.

AI-based shopping algorithms also help users make purchases.

Software for Detecting Plagiarism

Software can help ensure your projects are original and not plagiarized.

These tools detect plagiarized content that Google, media, and educational institutions don't like.

Software for Converting Audio to Text

Machine Learning converts speech to text automatically.

These programs can quickly transcribe cloud-based files.

Software for daily horoscopes

Daily and monthly horoscopes will continue to be popular.

Software platforms that can predict forecasts, calculate birth charts, and other astrology resources are good business ideas.

E-learning Programs

Traditional study methods are losing popularity as virtual schools proliferate and physical space shrinks.

Khan Academy online courses are the best way to keep learning.

Online education portals can boost your learning. If you want to start a tech startup, consider creating an e-learning program.

Conclusion

Software is booming. There's never been a better time to start a software development business, with so many people using computers and smartphones. This article lists eight business ideas for 2023. Consider these ideas if you're just starting out or looking to expand.

INTΞGRITY team

INTΞGRITY team

3 years ago

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(b) Dispute Arbitration. Except for small claims disputes in which you or INTΞGRITY seeks to bring an individual action in small claims court located in the county where you reside and disputes in which you or INTΞGRITY seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and INTΞGRITY waive your rights to a jury trial and to have any other dispute arising out of or relating to these Terms or our Services, including claims related to privity of contract, decided by a jury. All Disputes submitted to JAMS shall be decided by confidential, binding arbitration before a single arbitrator. If you are a consumer, you may choose to have the arbitration in your county of residence. A "consumer" is a person who uses the Services for personal, family, or household purposes for the purposes of this provision. You and INTΞGRITY agree that Disputes shall be resolved using the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The latest version of the JAMS Rules is accessible on the JAMS website and is incorporated herein by reference. Either you accept and agree that you have read and comprehended the JAMS Rules or you forfeit your right to read the JAMS Rules and any claim that the JAMS Rules are unreasonable or should not apply for any reason.

(c) You and INTΞGRITY agree that these Terms affect interstate commerce and that the enforceability of this provision is subject to the Federal Arbitration Act, 9 U.S.C. 1 et seq. (the "FAA"), to the maximum extent permissible by applicable law. As limited by the FAA, these Terms, and the JAMS Rules, the arbitrator will have sole authority to make all procedural and substantive judgments regarding any Dispute, and to grant any remedy that would otherwise be available in court, including the authority to determine arbitrability. The arbitrator may only conduct an individual arbitration and may not consolidate the claims of more than one party, preside over any sort of class or representative procedure, or preside over any proceeding involving more than one party.

d) The arbitration will permit the discovery or exchange of nonconfidential information pertinent to the Dispute. The arbitrator, INTΞGRITY, and you will maintain the confidentiality of all arbitration proceedings, judgments, and awards, as well as any information gathered, prepared, or presented for the purposes of the arbitration or relating to the Dispute(s) therein. Unless the law specifies otherwise, the arbitrator will have the right to make decisions that protect confidentiality. The duty of confidentiality does not apply where disclosure is required to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, in connection with a judicial challenge to an arbitration award or its enforcement, or where disclosure is otherwise required by law or judicial decision.

e) You and INTΞGRITY agree that for any arbitration you begin, you will pay the filing fee (up to $250 if you are a consumer) and INTΞGRITY will pay the remaining JAMS fees and costs. INTΞGRITY will pay all JAMS fees and costs for any and all arbitrations it initiates. You and INTΞGRITY agree that the state and federal courts of California and the United States located in San Francisco have exclusive jurisdiction over any appeals and the implementation of an arbitration award.

(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, meaning that neither you nor INTΞGRITY will be able to assert the claim.

(g) You have the right to opt-out of binding arbitration within 30 days of the date you initially accepted the terms of this section by sending an email to hello@int3grity.com. For the opt-out notification to be effective, it must include your full name and address and clearly explain your intent to opt out of binding arbitration. By declining binding arbitration, you consent to the resolution of Disputes in accordance with "Governing Law and Venue" below.

(h) If any portion of this section is found to be unenforceable or unlawful for any reason: (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) the severance of the unenforceable or unlawful provision shall have no effect whatsoever on the remainder of this section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on an individual basis, the parties agree to arbitrate those claims on an individual basis. In addition, if it is determined that any portion of this section prohibits an individual claim seeking public injunctive relief, that provision will be null and void to the extent that such relief may be sought outside of arbitration, and the balance of this section will be enforceable.

Statute and Location

These Terms and any dispute that may arise between you and INTΞGRITY are governed by California law, excluding its conflict of law provisions. Any issue between the parties that is not arbitrable or cannot be heard in small claims court will be determined by the state or federal courts of California and the United States, sitting in San Francisco, California.

Some nations have regulations that require agreements to be controlled by the consumer's country's laws. These statutes are not overridden by this paragraph.

Amendments

Periodically, we may make modifications to these Terms. If we make modifications, we will notify you by sending an email to the address connected with your account, providing an in-product message, or amending the date at the top of these Terms. Unless we specify otherwise in our notification, the modified Terms will take effect immediately, and your continued use of our Services after we issue such notice indicates your acceptance of the changes. If you do not accept the updated Terms, you must cease using our services.

Severability

If any section or portion of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the other terms.

Miscellaneous INTΞGRITY’s omission to assert or enforce any right or term of these Terms is not a waiver of such right or provision. These Terms and the terms and policies specified in the Other Terms and Policies that May Apply to You Section constitute the complete agreement between the parties pertaining to the subject matter hereof and supersede all prior agreements, statements, and understandings between the parties. The section headings in these Terms are for convenience only and have no legal or contractual significance. The use of the word "including" shall be taken to mean "including without limitation." Unless otherwise specified, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity. You consent to the use of electronic means for our communications and transactions.

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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