Under the same rationale, mining pools could fall under the same network access exception. This stuff is complicated legally, and it's a snapshot in time. Laws can always change, courts can come down with different opinions. Right now, based on the U. S. Attorney's arguments, I would say mining pools are not money transmitters, but it's tough to say whether they can be seen as network access providers. I have not thought this through, and I'm not that familiar with mining pool operations, so don't rely on my opinion. This is not legal advice.

FPPS is an unregistered security. 🤷‍♂️