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Will Liberty Reserve prompt the regulation of Bitcoin?

The dramatic closure of Liberty Reserve digital money service by US authorities on the grounds that it is “the financial hub of the cyber crime world” is going to drive increased regulatory interest in digital currencies and alternative payment networks.

According to papers from the US Department of Justice, Liberty Reserve had around a million customers and processed over 55 million illegal transactions, worth about six billion dollars.  The DoJ is quite rightly lauding this as “largest international money-laundering prosecution in history”, with police raids in 17 countries picking up the company’s hardware as well as the people running the operation.

This is a prosecution that has been in preparation for many months, with the DoJ allowing the site to continue running whilst it logged who was using the service, ahead of mounting the co-ordinated international operation to close down the operation.

Regulators are waking up to the potential threats posed by digital currencies and alternative networks in general; anything that falls outside the existing regulated interbank payments systems and card networks is attracting attention.  In the US, the Department of Homeland Security recently issued a ‘seizure warrant’ against Dwolla, closing off a significant route into Mt. Gox (the largest Bitcoin exchange) for US citizens, and the US Commodity Futures Trading Commission (CFTC) has reportedly been looking into whether Bitcoin trading should fall within its jurisdiction.

This scrutiny in the US is likely to prompt regulators in other major centres to shift up a gear; up to now digital currencies and alternative networks have been seen as interesting but not a high priority.  This increased attention should be welcomed. Over the years, a succession of regulatory changes attacking money laundering has successfully eradicated many illegal practices.  Preventing and detecting financial crime comes with a high monetary and operational cost, but it delivers a financial infrastructure that is trusted and robust.  For digital currencies to become mainstream, the same rigour needs to be applied; the benefits of anonymity have to be balanced with the need to prevent crime. 

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Comments: (4)

Brett King
Brett King - Moven - New York 29 May, 2013, 17:05Be the first to give this comment the thumbs up 0 likes

The only similarity between BitCoin and Liberty Reserve is claims about money laundering on the platform. BitCoin is more similar to the Euro than it is Liberty Reserve. The problem with approaching BitCoin in the same way as LR is that you'd effectively have to outlaw legitimate currencies to shut down BitCoin, or you'd have to be so specific in your legislation that any change to BitCoin would immediately circumvent the laws created to stifle it.

The only thing regulators can do is regulate cash going out of the traditional economy into BitCoin - regulated Foreign Exchange, just as the way governments regulate the trade on foreign currencies today. It makes no sense to try to stop BitCoin or make it illegal unless you want to make all future legitimate digital efforts on money transfer like MintChip (Royal Canadian Mint) also illegal.

The problem is not BitCoin itself, it is the anonymous nature of those trading in the currency/commodity. Allow a process for identifying the individual trading and BitCoin holds no real threat to the status quo. 

A Finextra member
A Finextra member 29 May, 2013, 17:24Be the first to give this comment the thumbs up 0 likes

Brett, I completely agree that the things that need regulating are (a) the identity of the counterparties and (b) the points at which you convert between digital currency and real-world currency.

It will, however, be interesting to see how many people would still see a value in using a digital currency if that happens.  I absolutely agree that digital currencies have a part to play in the broader financial world, but at the moment the lack of regulation is keeping them out of the mainstream.

John Bullard
John Bullard - TrustChains - London 30 May, 2013, 11:57Be the first to give this comment the thumbs up 0 likes

Chirs; You are right to distiguish between the "counterparty identity" issue and the digital currency itself.

In mainstream payments world, we can look at a payment as the movement of value (represented by bits and bytes) from one digital identity (called a bank account number) to another digital identity (another bank account number). It is the Know Your Customer process that a bank undertakes in establishing that digital identity, and the liabilities/entitelements which go with it- which bring Trust in payments systems (something which end-customers all largely take for granted, because it works). That KYC process is then overlaid by a set of contractually binding operating rules (eg as found in a Cheque Clearing Syatem) that brings the interoperability between banks/their customers. The opportunity for banks, large and small, to consider is whether to leverage that same KYC capability beyond the payment application into other apps which transfer value in the form of "bits and bytes" from one digital identity to another. JohnB

Ketharaman Swaminathan
Ketharaman Swaminathan - GTM360 Marketing Solutions - Pune 31 May, 2013, 11:16Be the first to give this comment the thumbs up 0 likes

Hopefully, after this high-profile case, the "cash must go" camp will stop associating money laundering, drugs and other nefarious activities exclusively with cash. Now that law enforcement has caught on to shady alternative payment networks, I hope the day is not far when the ax falls on other providers who block merchants from withdrawing their funds under the guise of verifying the nature of the transaction but don't bother with such formalities while pulling out the money from the payer's account, slapping their fees on top and enjoying the float for months.

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