I'm not sure about the actual laws in these regards, but there are some ICO out there that don't list the prohibition on their sign up page, so there is an opportunity for an investor to plead ignorance.

Of course there is also the possibility that the ones who are not listing the prohibition are scams, and will never actually launch.  

I dunno.  I guess this is a big reason I haven't jumped in on the ICOs.  I bought a small ($25) investment into PlexCoin, which I think most people agree is a scam, before I knew what I was doing.   Since I learned better, I've stuck with the exchanges and not put any money into other ICO out there.

I just wish that we could be on a level playing field.  I am sure the legitimate concerns out there would like it too, considering the American hunger for everything Crypto at the moment, they could fill their ICO goals in no time if they could take our money.

Then again, maybe that is part of why we're not supposed to... a fool and his money are soon parted and all that.