Skip to main content

Howey Test Evolution

Definition

The Howey Test Evolution refers to the ongoing adaptation and interpretation of the Supreme Court’s 1946 ruling in SEC v. W.J. Howey Co., particularly in its application to digital assets. This legal framework determines whether a transaction constitutes an “investment contract” and thus a security subject to federal regulation. As new digital asset structures emerge, regulators and courts continually refine how the four prongs of the Howey Test apply to tokens, NFTs, and decentralized autonomous organizations. This judicial progression shapes the regulatory classification of novel digital instruments.