How do staking pools like Rocketpool prevent being regulated for issuing securities, or shut down by the SEC?

My understanding of the SEC definition of a security is any investment contract where funds are pooled together to create a profit. An investment of money in a common enterprise with the exception of profit, derived from the effort of others.

Being that Rocketpool is designed for people who have less than 32eth to stake, and it is impossible for people with less than 32eth to stake and make profits... it is the pooling of funds less than 32 to create profits.

So, what does Rocketpool do if the SEC comes after them?

EDIT: To clarify... the reason mining pools aren't securities is because it is possible (however unlikely) for miners to make profit without pooling their hashrate with others.

With staking, it is impossible for those with less than 32eth to make profit without pooling their eth with others.