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What the heck happened last week? SEC Broker Enforcement, Treasury Broker Rule, and SCOTUS Broke Chevron.

It’s an unfortunate habit, but federal agencies tend to announce enforcement actions and rulemakings at the end of the day on Fridays, especially Fridays before a holiday. For crypto, last...

Senate Attaches Controversial Crypto Sanctions Bill to Must-Pass Intelligence Legislation

A version of the Terrorist Finance Prevention Act (TFPA) has been attached to a must-pass intelligence authorization bill in the Senate. We have not written about the TFPA before because,...

DOJ’s New Stance on Crypto Wallets is a Threat to Liberty and the Rule of Law

It has been the clear and consistent policy of the U.S. government since at least 2013 that cryptocurrency wallet developers and the users of those wallets are not money transmitters....

In an effort to close perceived loopholes, Treasury recommends massive expansion of warrantless surveillance and power to sanction open-source software

This week, the U.S. Department of the Treasury sent a letter to the heads of the Senate Banking and House Financial Services Committees following a briefing on how Hamas and...

It’s time to have the conversation: Is the Bank Secrecy Act unconstitutional?

Today we’re publishing another report on the Bank Secrecy Act (BSA) entitled “Broad, Ambiguous, or Delegated: Constitutional Infirmities of the Bank Secrecy Act.” In our 2019 report, “Electronic Cash, Decentralized...

Broad, Ambiguous, or Delegated: Constitutional Infirmities of the Bank Secrecy Act

The Bank Secrecy Act (BSA) allows the Secretary of the Treasury to demand transaction surveillance and reports of personal information from a category of entities defined as “financial institutions.” Originally...

There’s a centuries-old standard that tells us when regulation of crypto is justified

Today Coin Center submitted a comment letter in the Treasury Department’s ongoing rulemaking on the definition of “broker” for third-party tax reporting purposes. In brief, we argue that the definition...

Comments to the Department of Treasury on “Gross Proceeds and Basis Reporting by Brokers and Determination of Amount Realized and Basis for Digital Asset Transactions”

A direct download of this comment is available here. To whom it may concern: Coin Center is an independent nonprofit research and advocacy center focused on the public policy issues...

Amicus brief in case relating to IRS John Doe summons on exchanges

Coin Center's submitted this brief in support of James Harper in his case against the IRS. A direct download of this brief is available here. 

Treasury’s proposed ‘broker’ rules expand surveillance well beyond a ‘third party doctrine’ that’s already stretched thin

Late last month the Treasury Department published a proposed regulation to define when a person in crypto qualifies as a “broker” under the tax code and therefore must collect personal...

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