The SEC updated its crypto FAQ and confirmed that token buybacks do not constitute a promise of essential managerial efforts once a network is functional, under the Howey test. This decision lifts the legal uncertainty over many DeFi protocols using this model, such as Pump.fun ($451 million burned), Pons (80% of revenue directed to buybacks), or Ethena (95% of net revenue directed to ENA). If a network is not yet functional and promises yields through buybacks, it still falls under securities laws.
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