The treasury is expanding the Patriot Act to attack Bitcoin self custody
Scope of the Proposal vs. Clickbait Headline
- Several commenters argue the article misrepresents the change: the draft guidance lists patterns of suspicious crypto activity (mixers, structuring, chains of single-use addresses), not an outright ban on self‑custody.
- Others counter that in practice, “suspicious” often becomes “effectively forbidden” because regulated entities refuse to interact with flagged flows.
- There’s confusion over the Patriot Act’s status: some point out key provisions have sunsetted; others note many of its amendments and related authorities still underpin current Treasury actions.
“Guidelines” as De‑Facto Law
- Strong theme: financial regulations often start as “guidance” but become binding through bank compliance culture and vague legal risk.
- Examples from banking, guns, and knives are cited to show how soft rules can destroy businesses without ever producing a criminal conviction.
- This is framed as a deliberate strategy: avoid clear prohibitions that could be challenged in court; instead, make non‑conforming behavior too risky for intermediaries.
Bitcoin Mechanics and Privacy vs. Laundering
- Technical subthread on how standard wallets derive many addresses from one seed and use single‑use addresses by default for privacy and security.
- Treasury’s language about “single‑use wallets/addresses in series” is read by some as targeting normal privacy practices; others insist it’s aimed at mixer‑style chains, not basic HD wallets.
- Several note that Bitcoin’s public ledger forces anyone seeking privacy to behave in ways that resemble money laundering, which inevitably draws regulatory fire.
Legitimacy of AML vs. Financial Privacy
- One camp sees strong AML as non‑negotiable: money laundering is described as a huge enabler of crime, and dismantling AML is called politically impossible.
- Another camp stresses civil‑liberties risks: financial surveillance chills dissent, enables selective enforcement and civil forfeiture, and can later be weaponized when politics shift.
- Debate over whether financial privacy is as fundamental as speech/voting privacy; some say cash already provides that role, others argue digital cash should too.
Alternatives, Enforcement, and Politics
- Monero is repeatedly mentioned as a technically superior privacy coin; people note it’s already heavily restricted or delisted in many jurisdictions.
- Broader political critique: the Patriot Act and related tools are framed as part of a permanent “state of exception” and bipartisan power creep; both major US parties are accused of entrenching surveillance once gained.
- Some argue institutional “Bitcoin” (ETFs, custodial services) is now aligned with regulators and benefits from rules that push users away from self‑custody.