Ah, so protecting people from scams is now banning people from their own decisions?
I suppose we should drop all laws about fraud really, why should we ban people from freely transacting with "microsoft" support services who just want to help them with their computer?
But banning them from participating in an entire class of financial transactions is not just protecting them from scams. There are token sales that are not scams. It's prohibiting them from entering into legitimate investments that simply don't have government approval (e.g. a securities sale that doesn't ask them for their ID, and thus doesn't meet securities regulations).