New FAQs from the SEC's Division of Corporation Finance also say some liquid staking tokens can count as digital commodities and that funding upgrades to a working network isn't the kind of effort that makes a token a security.
SEC staff FAQ dated September 25: Ethereum staking receipt tokens are not considered securities; post-launch maintenance activity is not considered a management effort.
The staff of the SEC has specified that repurchases, improvements and promotional messages do not automatically convert a token into a value: the functionality of the network and the promises of profit remain central factors.