And so it begins. New York regulators are now proposing things which would make it essentially illegal for anybody to use Bitcoin in that state without being registered. It is so over-reaching that it would even catch things like the Bitcoin tipbot on reddit, which would be an illegally operating entity if it allows you to tip a New York resident.
http://www.dfs.ny.gov/about/press2014/pr1407171-vc.pdfWhere are you / the pool based ?
I'm in PA.
Nevada currently, but this regulation would affect the pool if it has users in New York. And I doubt a "I agree I'm not a resident of New York" checkbox would be enough. Luckily this has 45 days of commenting, then review, and then there are 45 days after it's put into effect before it is enforced. Quite frankly, if something even remotely close to what is currently open for comment goes into effect, the pool will probably be forced to close.
Living in the US makes trying to sidestep/ignore this a non-option. I doubt they'd chase international pool owners, but depending on what country they're in, I wouldn't exactly assume they're safe (US doesn't have a history of respecting international borders when it comes to internet businesses).
I mean, I'd argue that under Section 200.3(c)(2) you're exempt as there's a strong case that you're merely a merchant purchasing hashpower in exchange for "virtual currency".
But still. I read this thing over and it sucks. I mean, it has some valid points but it's section 200.1(n)(1) that defines "Virtual Currency Business Activity" as "receiving Virtual Currency for transmission or transmitting the same" that's god damn ridiculous.
I happen to currently reside in New York and you bet your ass I'm submitting comment when it opens up on the 23rd. I have some weighty contacts in the NYC bitcoin community, and I'll be encouraging them strongly to submit comment and have others submit comments.
I want 200.1(n)(1) dropped entirely or made far more specific, and I want an additional exemption for mining pools.