; and (B) with respect to the digital asset and each blockchain system to which such digital asset relates, the information described in section 43 has been certified and made publicly available. (2) Not an investment contract For purposes of the securities laws, an end user distribution described under paragraph (1) shall not be a transaction in an investment contract. (3) Exemption Section 5 of the Securities Act of 1933 ( 15 U.S.C. 77e ) shall not apply to an end user distribution described under paragraph (1) or a transaction in a unit of digital asset issued in such a distribution. . (b) Rule of construction Nothing in this Act or the amendments made by this Act may be construed to restrict the use of a digital asset, except as expressly provided in connection with— (1) the offer or sale of a restricted digital asset or digital commodity