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Is cryptocurrency freedom at risk? A new US law empowers the president to block access to digital assets
Is cryptocurrency freedom at risk?
In a significant legislative development, the President of the United States was granted broad powers to regulate digital assets, sparking concern in the crypto community.
This new authority allows the President to directly intervene in digital asset transactions, particularly those that may be linked to foreign entities and potentially malicious activities. Experts say this could lead to significant “overshoot” and have a negative impact autonomy of users of digital resources.
A closer look at the implications of the legislation for cryptocurrencies
The bill, inserted into legislation by Senator Mark Warner, broadly defines “digital assets” as any digital representation of value or contractual rights created or transferred using distributed ledger technology. This includes cryptocurrencies, digital tokens, smart contracts and related technologies.
The President’s new powers aim to prevent digital asset transactions between US citizens and foreign entities seen as “aiding terrorist activities.” Additionally, the law imposes strict oversight on foreign financial institutions that facilitate these transactions on American soil.
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On Monday, Senator Mark Warner (D, VA) appeared to include elements of his Terrorist Financing Prevention Act [S.3441] in an obligatory step: the “Intelligence Authorization Act for Fiscal Year 2025” https://t.co/jdZiqymwBu pic.twitter.com/ghlk3o8gNC
— blockchain factsheet (@blockchaintpsht) June 5, 2024
The move has been criticized as potentially forcing digital asset users into “highly regulated and permissioned” blockchain environments.
Scott Johnsson, an eminent digital resource The analyst expressed concern, saying the law could effectively ban users from interacting with any digital platform or protocol deemed to be under foreign control that violates US sanctions.
This interpretation suggests that the United States could leverage these powers to push users into networks compliant with Know Your Customer (KYC) and other regulatory frameworks, limiting the broader potential of decentralized finance.
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It is difficult to understand how this is not intended as a user-level ban power by the President on any smart contract/protocol deemed by the Secretary of the Treasury to be “controlled, operated or [made] available” by a foreign sanctions violator. Breathtaking scope and implications for… https://t.co/i36gE79lIM
— Scott Johnsson (@SGJohnsson) June 6, 2024
Privacy vs. policy: the debate on Blockchain and financial freedom
The potential impact of the legislation extends beyond transactional control, touching on broader questions about digital privacy and innovation. The use of blockchain technology for privacy-enhancing purposes it was a controversial issue, highlighted recently by the US Department of Justice’s actions against services like Wasabi Wallet, known for its coin-mixing services that obscure the origins of crypto transactions.
This triggered a larger debate about balancing regulatory oversight and the right to financial privacy. Naomi Brockwell, a prominent cryptocurrency advocate, recently voiced her opposition to X, noting that financial privacy is a cornerstone of a free society. Many in the crypto community share her concerns and see these regulatory measures as intrusive and threatening to personal freedoms.
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This week the Department of Justice criminalized the developers of an app that restores financial privacy. Financial privacy is essential to a free society.
I had a quick chat in 2020 with @Snowden on the need for privacy in bitcoin.https://t.co/FBDSqqpvXJ pic.twitter.com/X2nNPJYSgc— Naomi Brockwell (@naomibrockwell) May 3, 2024
Also Edward Snowden, a staunch supporter of the right to privacy commented on the ongoing privacy challenges within the Bitcoin network and other cryptocurrencies.
He highlighted the critical need for privacy at the protocol level, warning that without robust privacy measures, the vision of a decentralized financial system could be compromised.
This new legislation, supposedly aimed at “safeguarding national security,” raises important questions about the future of digital assets, privacy, and the role of government in an increasingly digitalized financial landscape. As the community and experts analyze all the implications, the global debate on privacy, freedom and regulation in the digital age intensifies.
Featured image created with DALL-E, chart from TradingView