Legal issues

Legal issues

Bitcoin's association with criminal activities has historically hindered the currency from attaining widespread, mainstream use and has attracted the attention of financial regulators, legislative bodies, and law enforcement. The Washington Post has labeled it "the currency of choice for seedy online activities," and CNN has called Bitcoin a "shady online currency." Its links to criminal activities have prompted scrutiny from the FBI, US Senate, and the State of New York. The FBI stated in a 2012 report that "bitcoins will likely continue to attract cyber-criminals who view it as a means to move or steal funds".

In March 2013 the US Financial Crimes Enforcement Network (FinCEN) established regulatory guidelines for "decentralized virtual currencies" such as Bitcoin, classifying American "Bitcoin miners" who sell their generated bitcoins as money services businesses (or MSBs), that may be subject to registration and other legal obligations. In August 2013 the German Finance Ministry characterized Bitcoin as a unit of account, usable in multilateral clearing circles and subject to capital gains tax if held less than one year.] The New York State Department of Financial Services, citing its authority to regulate money transmissions and its concern with criminal activity (Silk Road in particular), announced an inquiry in late 2013 into possible regulations and guidelines for Bitcoin (a "BitLicense") and the holding of public hearings in New York City. The US Internal Revenue Service has also stated that it is actively working on its own rules for Bitcoin.

At the same time, the European Banking Authority (EBA) gave a nuanced nod of approval to Bitcoin usage. Issuing what was formally a "warning" to consumers its about dangers inasmuch as Bitcoin businesses are not regulated or licensed as banks in EU and EFTA areas, they further admitted that these businesses are not currently required to operate under such regulations, thus acknowledging the status quo.

Some have suggested that due to its close association with illegal purchases, governments could outlaw Bitcoin. This assertion has been made by Steven Strauss, a Harvard public policy professor, and was also mentioned in 2013 SEC filing made by a Bitcoin investment vehicle.Bitcoins are not currently illegal in the US, however. FBI Special Agent Christopher Tarbell has stated that "Bitcoins are not illegal in and of themselves and have known legitimate uses".