hah, I doubt it. I had a chat with Ned once about the SEC, and he was well thought out and confident about Steems position.
I'm not sure it matters, since steemit was not an ICO. They aren't selling anything, are they? I suppose that the SEC theoretically could go after Steemit Inc, but the blockchain is run by the community, not Steemit inc. I think securities laws have more of an impact on ICO, rather than crypto in general.
Tokens are bought and sold on the open market, so... thinking about it now.. i'm not entirely sure. don't they have to be selling something to apply to Howey?
https://www.sec.gov/news/public-statement/statement-clayton-2017-12-11