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Unchained

Could the Bank Secrecy Act Harm Crypto? Coin Center Thinks So - Ep. 571

Unchained

Laura Shin

News, Tech News, Business News

4.6 • 1.3K Ratings

🗓️ 17 November 2023

⏱️ 41 minutes

🧾️ Download transcript

Summary

In this episode of Unchained, Peter Van Valkenburgh, director of research at Coin Center, explains why the IRS's proposed broker rule for tax reporting in crypto could harm the crypto industry as well as the security and privacy of users. He explains how Coin Center thinks the IRS should accomplish its aims, and why that would even work for collecting taxes on DeFi gains.  Additionally, Peter explains why he believes the Bank Secrecy Act might be unconstitutional and how that could potentially affect developers building in crypto.  Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Stitcher, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform. Show highlights: What the IRS's proposed broker rule entails for crypto tax reporting and why this could have a negative impact on the industry What responsibilities brokers in the crypto space now face Why the IRS didn’t use Congress's amended language from the infrastructure bill Why Peter argues that the IRS’s new proposed broker rule on crypto is unconstitutional and the principles at stake The alternative approaches Peter suggests the IRS could adopt for more effective and fair regulation Why Peter has concerns for crypto developers about the potential application of the Bank Secrecy Act What actions Coin Center is undertaking to advocate for changes in the Bank Secrecy Act to better align with crypto realities Why Coin Center is appealing in its lawsuit against the Treasury Department over the OFAC sanctions on Tornado Cash Thank you to our sponsors! Arbitrum Foundation Popcorn Network Guest Peter Van Valkenburgh, director of research at Coin Center Previous appearances on Unchained:  Why the SEC Is Probing Yuga Labs and Coin Center Is Suing Treasury How Coin Center Is Helping Define The 'Big Fuzzy Gray Area' Of Blockchain And Cryptocurrency Law Why the SEC's Proposed Rules Affecting DeFi Could Violate the First Amendment Links IRS Crypto Regulation Coin Center: Electronic Cash, Decentralized Exchange, and the Constitution The Blockchain Association’s letter opposing tax regulations proposed by the IRS CoinDesk: How the Crypto Industry Responded to the IRS Proposed Broker Rule Patriot Act  California Bankers Assn. v. Shultz Bank Secrecy Act Coin Center: Broad, Ambiguous, or Delegated: Constitutional Infirmities of the Bank Secrecy Act Tornado Cash Coin Center: U.S. Treasury sanction of privacy tools places sweeping restrictions on all Americans Coin Center is suing OFAC over its Tornado Cash sanction Denial of Coin Center’s motion in its case against the US Treasury over OFAC sanctions Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

It's much better in all legal areas and policy areas generally to have technology neutral standards.

0:07.0

And the amazing thing about that original broker definition, which should just be the definition here as well, is it doesn't mention technology anywhere.

0:13.9

It's about a relationship between the customer and the professional. It's about a trust

0:18.4

relationship.

0:27.0

Hi everyone. Welcome to Unchained, your no-hype resource for all things crypto. I'm your host Laura Shin, author of The Cryptopians. I started covering

0:32.0

crypto eight years ago and as the senior editor of Forbes was the first

0:35.4

main tree meter reporter to cover cryptocracy full-time. This is November 17th,

0:39.7

2023 episode of Unchained.

0:41.7

Vault Crafts by Popcorn is your no-code Defy Toolkit

0:45.0

for building automated non-custodial yield strategies.

0:49.0

Learn more on vaultcraft.io

0:51.0

about how you can supercharge your crypto portfolio.

0:54.0

Arbitram's leading layer 2 scaling solution offers you ultra-cheap and lightning fast transactions,

0:59.6

all with security rooted on ethereal.

1:02.0

Visit arbitram. Today. with security rooted on etherealum.

1:03.0

today.

1:05.0

This year at Mazda in thousands of blind taste tests,

1:09.0

hundreds of our products proved as tasty or tastier than M&S.

1:14.0

We asked our new Chief Quality Officer Michael Buble what he thought.

1:17.8

Well I could have told you that.

1:19.2

M&S tasted as the price, right?

1:21.6

Put on a show this Christmas. AEDS. Azder, that's more like it. That's more like it.

...

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