Yes they did pass the Howey Test and honestly what the SEC is doing is more of a threat then direct action most of this is just fear mongering in the hope someone will lead by example and register with the SEC. I understand there are alot of scams out there and the investor needs to be protected but this is a slippery sloop once and goes against what Crypto stands for and they know they can lock one ICO into this trap they will roll full steam ahead regardless of the fact they could never possible hope to cover the entire crypto market they are already 10 years behind the traditional market.