
newsNov 17, 202340:24pending
Could the Bank Secrecy Act Harm Crypto? Coin Center Thinks So - Ep. 571
About this episode
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
Get every episode summarized
Each time Unchained publishes, we email you a written briefing from the transcript — the topics, who appeared, and any specific claims, with the ad reads skipped.
Email me new episodesFree for 3 shows. No card needed.
No transcript yet
This episode has not been transcribed. Request it and it moves to the front of the queue.
More episodes
More from Unchained

Should Stock Tokens Be Limited to KYC'd Users? Or Be Tradeable by Anyone?
Unchained
Sep 11, 202638:47completed

Uneasy Money: Is OpenAI Training on Your Private Chats to Win the AI Race?
Unchained
Sep 10, 20261:21:57completed

The Chopping Block: FOMO's Co-Founder Defends the Memecoin Trenches, Hunter Bide...
Unchained
Sep 10, 20261:03:48completed

Bits + Bips: AMC's CEO Calls Robinhood's Stock Tokens 'Vile.'
Unchained
Sep 9, 202619:22completed