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Howey test found to be determined under admiralty law and therefore invalid

Coin Center researchers discover gold fringed flag in Supreme Court

For several years now, Coin Center has been at the forefront of analyzing how the novel decentralized properties of cryptocurrency networks match up to securities regulation. Recently, however, every single...

CFTC’s Technical Advisory Committee meeting

Peter Van Valkenburgh describes various open consensus mechanisms such as proof-of-stake and proof-of-work and takes questions from the committee  More information.

New regulation would effectively ban crypto exchanges in Mexico

Bucking international trends, the Mexican central bank would deny exchanges a sensible path to regulation and deny Mexicans safe access to financial technologies.

The Mexican central bank, acting under authority from a recently enacted fintech law, proposed new regulations last week that would effectively ban cryptocurrency exchanges in the country. This is a...

Brookings has published a report by former CFTC Chairman Timothy Massad on cryptocurrency regulation.

In it, Massad calls for new regulatory authority from Congress for the SEC or CFTC to supervise cryptocurrency markets: Congress should pass legislation providing the SEC (or alternatively the CFTC)...

Texas cryptocurrency bill threatens financial privacy

Confusing wording and technical impracticality aside, the bill would force citizens to spy on each other

A new bill that would require persons accepting payment in cryptocurrencies to check the payor’s identity before going through with the transaction, HB 4371, has been introduced in the Texas...

A Human Rights Activist’s Response to Bitcoin Critics

The Chief Strategy Officer for the Human Rights Foundation sees cryptocurrency as an essential tool for preserving freedom in a connected world. 

The “Expert Views” series of publications allows legal and technical practitioners in the cryptocurrency space to share their insight and opinions on cutting edge policy questions. The views expressed here...

SEC Chairman Clayton just confirmed Commission staff analysis that found Ethereum (and cryptos like it) are not securities.

We’re often asked whether that policy, articulated mid-last year by Director of the Division of Corporation Finance William Hinman, truly represents the policy of the Commission or whether it’s just the...

The Human Rights Foundation wants to help activists and journalists use Bitcoin to stay private.

Though often mischaracterized as “anonymous,” Bitcoin transactions do offer a much higher level of privacy for savvy users than traditional internet payment systems. Activists and journalists may want to add...

The Constitution Protects Software Developers and Users from Surveillance Overreach

An aggressive attempt to regulate software developers and individual users would violate our privacy and speech rights

Today we are publishing a comprehensive report on constitutional law and anonymous cryptocurrencies—what we call electronic cash—and decentralized exchange software. As Jerry argued in our report from last month, electronic...

Electronic Cash, Decentralized Exchange, and the Constitution

An extension of the Bank Secrecy Act to software developers and individual users would be unconstitutional.

Regulators, law enforcement, and the general public have come to expect that cryptocurrency transactions will leave a public record on a blockchain, and that most cryptocurrency exchanges will take place...