Isn't the IRS more suited to this skimming off the dough of cryptocurrencies (as it has done by making Coinbase report customer data)?
I think it was Tim Draper who summed it up succinctly, "I'm a securities regulator and you are now a security"; I am a smut regulator and you are now smut.
Someone's gotta skim off the fortunes and it sure won't benefit innovators when the SEC and other old-school bureaus pretend to stand for protection of US citizens.
I am a hammer therefore you are a nail.
Such as, https://www.ccn.com/extremely-comfortable-that-ether-is-not-a-security-ethereum-co-founder/