OP, nobody considers Bitcoin to meet any of the qualifications of being a security. So I wouldn't worry about it. There is no common enterprise working to create profit in Bitcoin - there is no Bitcoin company creating the bitcoin and selling them.
Ethereum may be classified as a security because it sold a pre-mine as a fundraiser in which the investors obviously expected to profit. And Ethereum has a foundation (a common enterprise) that runs it. Bitcoin has none of that. Though even with Ethereum there is some question as to whether or not it is a security. I think the main danger with 99% of cryptos today are that they are centralized products controlled by companies that pre-mined the supply and sell the supply as a fundraiser, and it certainly could be argued that those sorts of cryptocurrencies are securities.
But honestly given that security laws were made long before crypto existed, it probably makes the most sense to not try to fit cryptocurrencies into the securities definition that obviously was not made to try to describe them.
It'd be better to make new rules for what cryptos actually are rather than try to fit crypto (a new thing) into an old box. For example the three main types of securities are equity which cryptocurrencies obviously are not, debt-based which cryptocurrencies obviously are not, and hybrids which are a combo of equity and debt, so no cryptocurrency falls into any of those categories.
I don't see Bitcoin or Ethereum as securities. Just playing devils advocate because a lot of Bitcoin Maxi's claim Ethereum is a security. I don't agree with that.
Most of the Ethereum I have I mined via POW. So whether the ETH foundation pre-mined is irrelevant to my situation because I obtained my Ethereum the same way Bitcoin miners obtained their BTC. I did earn some ETH via staking but it is a small percentage.
Regarding pre-mining, an argument could be made that Satoshi also pre-mined because he was mining when the Bitcoin hash rate was very low which allowed him to accumulate 1 million BTC very quickly.
https://en.cryptonomist.ch/2021/11/14/did-satoshi-nakamoto-pre-mine-bitcoin/The first Bitcoin created by Satoshi Nakamoto
The first 50 BTC tokens were created by Satoshi himself by mining the first block.
However, there are those who argue that because he was one of the very few Bitcoin miners at the time, he actually created many of the first BTC, as if he had pre-mined them. In other words, he would have mined them before a significant number of other people started mining them.
It is estimated that Satoshi Nakamoto mined more than 1 million BTC, which today would have a dollar value of more than 60 billion, although there is no record that he ever used them. In fact, Satoshi disappeared in 2011, and no one has heard from him since.
As far as is known, the one million BTC mined by Satoshi have never been used, and may never be used. Many are convinced that Satoshi is dead, and that he did not leave the keys to his Bitcoin to anyone, although there is an ongoing legal dispute between Craig Wright and Dave Kleimans brother to regain possession of the so-called Tulip Trust in which those keys are allegedly stored.
A few days after mining the first block, Satoshi began to mine others in sequence, and after a few days created the first transaction by sending BTC to Hal Finney, who is also now deceased.
The pre-mining of Bitcoin
At the time, there were so few people using and mining Bitcoin that the vast majority of blocks were mined by Satoshi himself. It is worth mentioning that at the time there was no platform to sell BTC for dollars or other fiat currencies. The value of individual BTC tokens was comparable to zero.
The sequence of all the blocks mined by Satoshi is called Patoshi, and some argue that this was in fact a kind of pre-mining, because Satoshi mined the vast majority of the blocks.Well the definition of a security has nothing to do with how you personally got your Ethereum. Whether you mined or staked or bought or earned or were given or stole your Ethereum has nothing to do with whether or not it is a security. All Ether is either a security or not a security, not individual tokens, so it isn't irrelevant to your situation. But how you got your Ether on the other hand is irrelevant to whether ETH is a security or not.
And no, Satoshi running the first miner is not as though he did a pre-mine. A pre-mine is a specific thing and has nothing to do with being the first miner on a network. A pre-mine means minting coins at the start of the network (basically the opposite of mining them) and selling them off to raise funds for the project. This, obviously, is not the case with Bitcoin. Nobody argues that Satoshi pre-mined, unless they simply don't know what pre-mining means.
So it seems you have some false ideas on what a pre-mine is as well as what it means for something to be a security. Bitcoin obviously had no pre-mine as is well known by everyone, and it doesn't meet any definition of a security. Ethereum could definitely be considered a security, though that's up for debate, and honestly I think the main reason to not call it a security is simply to allow it an exemption just because it is such an important part of the crypto industry and is already established (unlike every other altcoin). And regardless of how you got your ETH, your ETH is either a security or not depending on what the regulators decide.
Personally I don't think the idea of securities should even be applied to cryptocurrencies, because they are a totally new kind of asset that obviously was not taken into account when securities rules were made a long time before cryptocurrencies existed. If we do apply securities rules to cryptocurrencies though, just about every crypto besides Bitcoin is a security (maybe a handful of other old non-pre-mined altcoins might not be securities but its a small number). Everything else including ETH is likely a security if we're gonna apply security rules. Ethereum isn't really different from any of the countless altcoins controlled by a centralized company or organization that issued coins in a pre-mine to fundraise. Though if in the case securities laws are decided to apply to cryptocurrency I'd be for exempting Ether simply because it is already established and important to the industry. Of course if you do that and not to the many other similar altcoins then you're basically just playing favorites. So either Bitcoin and a few other old cryptos are not securities while Ethereum and most altcoins are securities, or we just don't apply securities rules at all to crypto and none of them are and we give them their own regulation rules that have nothing to do with securities.
