Something about that bothers me. Even in this thread some are discussing this as "SEC says". In a way this is a 'pump' for cryptos and that [1] footnote could have been straight up front in the "Public Statement".
Part of what should bother us is that it signals that the law has become too vague to predict, so things are legal and illegal based on the inklings of the law enforcers. This means people are forced to read tea leaves in the enforcer's statements to determine what will be illegal in the future, rather than just reading an objective law on paper.
That, sadly, isn't usually possible either, unless you were implying that a lawyer or team of lawyers would be the person or persons doing the reading. Tho it's still better than being "forced to read tea leaves in the enforcer's statements".