that never mattered.http://www.sec.gov/about/laws/sa33.pdf
the SEC does not even consider what currency is used, read the Securities act of 1933. It doesn't need to consider or not consider the merit of bitcoin, it considers the offer and sale of securities. This has nothing to do with acceptance or recognition of bitcoin by the federal government.
There are, ahem, some people who claim they aren't dealing in securities. Or real money.
SEC. 2. (a) DEFINITIONS.—When used in this title, unless the
context otherwise requires—
(1) The term ‘‘security’’ means any note, stock, treasury
stock, security future, security-based swap, bond, debenture,
evidence of indebtedness, certificate of interest or participation
in any profit-sharing agreement
, collateral-trust certificate,
preorganization certificate or subscription, transferable share,
, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or
other mineral rights, any put, call, straddle, option, or privilege
on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value
thereof), or any put, call, straddle, option, or privilege entered
into on a national securities exchange relating to foreign currency, or, in general, any interest or instrument commonly
known as a ‘‘security’’, or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any
of the foregoing.