A member of the bitcointalk.org forum, Stephen Gornic, has compiled a list of notable Bitcoin legal events from the past few years.
Sep. 4, 2011
Location: France
Bitcoin in France: first legal decision directly related to Bitcoin?
Abstract: Mt. Gox fights for its right to hold a bank account in France.- http://bitcointalk.org/index.php?topic=41317.0
- http://creperso.free.fr/CIC/Ordonnance_de_refere_du_11_aout_2011.pdf (Municipal court decision)
- http://creperso.free.fr/CIC/Arret_appel_26_aout_2011.pdf (Appeals court decision)
Mar 6, 2012
Location: Suit filed in California, U.S.
Press Release – TradeHill, Inc. Files Suit Against Dwolla, Inc.
Abstract: Dwolla allegedly reversed transactions. TradeHill asserts Dwolla promoted its service as being like cash with no chargebacks and sues for damages.- http://bitcointalk.org/index.php?topic=67625.0
Oct. 26, 2011
Location: UK
An interesting read about Bitcoin & legislation…
Abstract: (Allegedly) the British regulator FSA responds to a question regarding Bitcoin’s legal status as a monetary instrument.- http://bitcointalk.org/index.php?topic=49862.0
May 8, 2012
Location: U.S. agency, International distribution
Bitcoin FBI Report April 2012
Abstract: (Allegedly) The FBI provides analysis of bitcoin for distribution to an international audience- http://bitcointalk.org/index.php?topic=80114.0
Jul. 25, 2012
Location: Brazil
Disclosure Group Investment Bitcoin barred by the CVM in Brazil
Abstract: CVM (securities regulator in Brazil) decided that the Brazilian operator of a bitcoin-based “investment group” was violating securities law there and had to suspend the group.- http://www.bitcoinbrasil.com.br/?p=464
- http://www.bitcoinmoney.com/post/28048708075
- http://bitcointalk.org/index.php?topic=95399.0
Jun 29, 2012
Location: United States
FinCEN – Freedom of Information Act (FOIA) request:
“The application of money transmitter and foreign exchange (“forex”) regulations to de-centralized, virtual currency.”
Abstract: Gavin Andresen gets a response from FinCEN following a FOIA request:- http://dl.dropbox.com/u/38065353/FincenFOIA.pdf
- http://bitcointalk.org/index.php?topic=74922.msg1035436#msg1035436
March, 2012
Finanstilsynet – The Financial Supervisory Authority of Norway
RAPPORT RISIKO- OG SÅRBARHETSANALYSE (ROS)
Abstract: The financial supervisory authority of Norway publishes a Risk and Vulnerability analysis and references Bitcoin under “2.4.3 titled ‘Shadow services on the internet’”. Includes only a description (an inaccurate one at that) of Bitcoin.- http://bitcointalk.org/index.php?topic=96077.0
- http://www.finanstilsynet.no/Global/Venstremeny/Rapport/2012/ROS-analyse_2011.pdf
April-June 2011
Financial Transactions and Reports Analysis Centre of Canada
Money Laundering and Terrorist Activity Financing Watch
Abstract: Mentions Bitcoin as “Bitcoins: a new anonymous digital currency and a potential vehicle for criminals to transfer money:”English: http://www.fintrac-canafe.gc.ca/publications/watch-regard/2011-10-eng.asp
French: http://www.canafe-fintrac.gc.ca/publications/watch-regard/2011-10-fra.asp
Aug 2, 2012
Location: United States
Congressman Ron Paul’s Final Domestic Monetary Policy Subcommittee Hearing
Abstract: Ron Paul’s subcommittee met on August 2nd, 2012 to examine sound money and parallel currencies.- http://www.youtube.com/watch?v=oPCFKHCCKF0&feature=player_detailpage#t=2918sBitcoin touched on beginning around 48:38 and it was referred to in the context of being a barter currency.
August 6, 2012
Location: Superior Court of California, County of San Francisco
Title: BRIAN CARTMELL et al VS. BITCOINICA LP, ALSO KNOWN AS BITCOINICA et al
Cause of Action: CONTRACT/WARRANTY
Case Number: CGC-12-522983Abstract: Suit to recover $460,458 in costs and damages from Bitcoinica.- http://webaccess.sftc.org/Scripts/Magic94/mgrqispi94.dll?APPNAME=IJS&PRGNAME=ROA22&ARGUMENTS=-ACGC12522983
- http://www.bbc.com/news/technology-19244210
August 29, 2012
Location: New Hampshire, U.S.
Bitcoin for campaign contributions passes muster with NH Deputy Secretary of State
Abstract: NH State Representative Mark Warden consulted with NH Deputy Secretary of State regarding whether bitcoins can be a method for campaign donations.- http://bitcointalk.org/index.php?topic=104544.0Conclusion:
OK as long as:
1. Donations be accompanied by the donor’s name and address, and
2. Contributions are acceptable only from US citizens and permanent residents.
September 6, 2012
Location: New York City, NY USA
BitFloor files complaint with FBI and Internet Crime Complaint Center (IC3).
Abstract: BitFloor suffered a security breach/hack in which about 24,000 BTC were stolen after access by the hacker was obtained to an unencrypted backup copy of the private keys hosted on BitFloor’s systems. The exchange is essentially insolvent as a result and remains shuttered, except for facilitating withdrawals for the funds that weren’t stolen — the U.S. dollar balances, none of which were impacted as a result of the security breach.- http://bitcointalk.org/index.php?topic=106251.0
October, 2012
Location: Germany
BaFin deems Bitcoin as “unit of account”, financial service providers thus regulated by the Banking Act (KWG)
Abstract: It appears that any business operating out of Germany (or, maybe even more broadly, a business with German customers) that holds customer’s bitcoins is regulated as a bank (presumably, that means must obtain a banking license). [Based on the translation to English from German, which may have changed the the meaning from the original, so this may be not completely accurate.]The following appears to be the response to an inquiry sent to BaFin regarding bitcoins:
Quote from: Akka on October 20, 2012, 12:48:41 PM
There is something stated in this Google translate article.https://bitcointalk.org/index.php?topic=119270.0If you have questions about specific sections, I can translate them manually.Basically the BAFIN (German bank regulation) has stated, that service providers, that hold customer funds fall under the definition of a financial services business and therefore require a license to do so.
They also stated that Bitcoin (they stated Crypto Currecys) is indeed a monetary value and therefore falls under the definition of a electronic instrument of payment. That also implies, that BTC service providers fall under the definition of a financial services business.
An article in which this was discussed:
Quote
However, the BaFin Bitcoins sees as a “unit of account”, which is regulated by the Banking Act (KWG). After that, anyone who wishes to provide certain professional services in connection with Bitcoins, first obtain a license from BaFin. Ultimately, the Bitcoin system is a multilateral trading system that requires such a permit. So it looks anyway BaFin. The more difficult it would be to identify in a decentralized system like Bitcoin, the responsible persons must apply for the relevant banking licenses.
September, 2012
Location: Finland
Statement by Päivi Heikkinen, department head of (Financial Markets Infrastructure) at Bank of Finland
Abstract: A reporter asks if Bitcoin is illegal. Ms. Heikkinen responds [Translated from Finnish] “Not at all, People can invest in and use any money they prefer.”Heikkinen: Not at all, People can invest in and use any money they prefer.
Heikkinen: Finland is a free country, after all.
- http://www.youtube.com/watch?v=7vYH1JH73pw#t=206s <– Enabled closed captioning [CC] at the bottom of the video.
October, 2012
Location: Italy
Bitcoin – Currency of Cyberspace (Italian)
Abstract: The domestic secret police / intelligence agency of Italy provides an overview of Bitcoin. They highlight the ways in which Bitcoin either defeats or bypasses methods of control that regulators enjoy through the banking-system. For instance, the UIGEA which helped eliminate sources of revenue for online gambling in the U.S. is not a deterrent to Bitcoin-based online gambling.
The report is a little over the top though … [Is Bitcoin Magazine's choice of a Guy Fawkes mask for the cover of its initial issue] the announcement of the extension of the potential of the most insidious and dangerous group of cyberattivistists?
- http://gnosis.aisi.gov.it/gnosis/Rivista31.nsf/ServNavig/11
October, 2012
Location: Europe
Virtual Currency Schemes, by the European Central Bank (ECB)
Abstract: This report presents includes a comprehensive look at Bitcoin and provides an assessment of the relevance of virtual currency schemes for central banks, paying attention mostly to schemes which are more open and linked to the real economy. The assessment covers the stability of prices, of the financial system and of the payment system, looking also at the regulatory perspective. It also addresses reputational risk concerns.
Length: 55 Pages.
- http://www.ecb.europa.eu/pub/pdf/other/virtualcurrencyschemes201210en.pdf
- http://docs.google.com/viewer?url=www.ecb.europa.eu%2Fpub%2Fpdf%2Fother%2Fvirtualcurrencyschemes201210en.pdf <– In a web-viewer
Forum discussion of the report here:
- http://bitcointalk.org/index.php?topic=121186.0
September 13, 2012
Location: Franklin, TN, USA
Search and Seizure Warrant, by U.S. District Court (Middle District, TN)
Abstract: The U.S. Secret Service, investigating the Romney tax return extortion attempt, obtains a search warrant to allow for the seizure of Michael M. Brown’s Bitcoin wallet. They did seize much computer equipment, some personal effects and a notepaper containing passwords.
- http://mbdonationfund.com/images/documents/search_warrant.pdf
Further discussion here:
Quote
The Plot Thickens in the Bizarre Bitcoin Blackmail Caper
- http://bitcointalk.org/index.php?topic=123956.0
View the list on the bitcointalk.org forum here.
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