When the exchange was launched, the SEC didn't mention that ether was a security or tokens for that matter. How can they came back years later and back-charge f

When the exchange was launched, the SEC didn't mention that ether was a security or tokens for that matter. How can they came back years later and back-charge for things that were not illegal at the time? Seems largely unfair and plain greedy. Are 0x protocol relayers next to be charged by the SEC?