Ultimately the SEC will decide, but if you sell token to people that have a vague future use on your own network as a currency, but arguably most people buy it solely for the expectation to sell it at a higher price then it is a security. Indications are:
- Promises in the whitepaper to list the token at any exchange (why would you need to do that if you just sell to people who want to use it on your product?)
- Telegram/slack groups that solely and exclusively focus on „when moon?“ and „why is the price xyz?“
- Any kind of equity-like features (voting, dividends, equity)
- Finally sole dependency of the value of the token on the actions/success of a company
- No real need at all for a token, the project would work exactly the same without one
I am not saying this is perfect. I am also not saying this is true – it is just my opinion. But Status satisfies at least three of the above. We’ll see what happens.