2. Regardless of the answer to #1, under what conditions is the SEC likely to attempt to enforce these regulations?
3. Is SEC involvement in crypto-space a good or a bad thing?
In regards to Point #1, it is my opinion that both selling pre/insta-mined coins and issuing colored coin that act like shares, bonds, or options would fall under SEC jurisdiction if investment from US residents was solicited. I would actually like to be proven wrong here, but the Voorhees deal sets a precedent in my opinion.
I'm suddenly wondering whether Monero's change in ticker to "XMR" is a preemptive move to fend off future allegations from the SEC? Having a currency ticker which confirms to ISO 4217 for Currency Code is a pretty clear argument against it being shares. We might be about to see a whole raft of coins change tickers?