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Topic: Is bitcoin legal? Not according to U.S. government - page 4. (Read 7294 times)

legendary
Activity: 1708
Merit: 1011
it will be years before the U.S. government will even understand how bitcoin works.

I guess you didn't hear about Bitcoin's lead developer doing a presentation about Bitcoin for the CIA, then?
legendary
Activity: 1708
Merit: 1011


Article I, section 8, clause 5 of the United States Constitution delegates to Congress the power to coin money and to regulate the value thereof. This power was delegated to Congress in order to establish and preserve a uniform standard of value and to insure a singular monetary system for all purchases and debts in the United States, public and private. Along with the power to coin money, Congress has the concurrent power to restrain the circulation of money which is not issued under its own authority in order to protect and preserve the constitutional currency for the benefit of all citizens of the nation. It is a violation of federal law for individuals, such as von NotHaus, or organizations, such as NORFED, to create private coin or currency systems to compete with the official coinage and currency of the United States.


This is a specific referrence to the power to create legal tender.  Bitcoin isn't legal tender anywhere in the world, and the legal right to create a private currency within the United States is well established provided that it could not rationally be confused with legal tender.  The Ithica Hour is a wonderful example.
newbie
Activity: 56
Merit: 0
it will be years before the U.S. government will even understand how bitcoin works.
sr. member
Activity: 437
Merit: 415
1ninja
by the way, if a bitcoin website's DNS is registered through namecoin, then there is no way for the US government to take it down.
sr. member
Activity: 437
Merit: 415
1ninja
Also, the US constitution is speaking specifically about coin money aka coins made from precious metal. For more than a century banks were issuing their own currency backed by the US coinage (aka US gold coins).
sr. member
Activity: 437
Merit: 415
1ninja
Quote
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

While it is true that the US is regulating the value of foreign "coin". They do not have the jurisdiction to regulate the value of foreign "coin".

Bitcoin is not within US jurisdiction... let's be clear about that.

The US and French governments seem to think they have international jurisdiction.... but they dont!
newbie
Activity: 14
Merit: 0
bitcoins are a Japanese currency, therefore, not illegal in America.
  Yeah, I'm sure that will convince them!
sr. member
Activity: 437
Merit: 415
1ninja
bitcoins are a Japanese currency, therefore, not illegal in America.
newbie
Activity: 14
Merit: 0
No, Nothing's happened yet, but it might in the future.  I'm not worried about myself, but it will effect the viability of bitcoins and their marketability.  The Feds love to let these type of things roll along, let people get invested, and then shut em down.  They might not be able to stop bitcoin, but they will be able to shut down websites if they want to, which could make things very difficult I think.  Another thing don't think the Feds won't consider this a threat, all they've got is their money. Without it they're toast. 
full member
Activity: 169
Merit: 100
I think that guy got into trouble for selling his coins as coins and not as a store of value.  After all, there are many private mints making silver coins and selling them as silver.  I think the argument for bitcoin is that it can be traded as a store of value like a silver or gold bar.  Corporations like microsoft don't get in trouble for their online "currencies" such as MS points.  The NC man was passing off his coins as real and inserting them into circulation with legitimate US currency.  

However we should be somewhat concerned.  Chuck Schumer has been a vocal critic of bitcoin because it can be used to purchase drugs.  Apparently the US dollar has no purchasing power to druggies...
sr. member
Activity: 616
Merit: 250
Another thing is how hard it ca be to track down someone using it. It would be like downloading movies : It's illegal, but they won't come out to every house to check the computers, as long as you keep this to yourself, nothing will happen.
member
Activity: 70
Merit: 10
It's not really competing with the USD. According to that article the US Conqress might be allowed to ban the use of bitcoin in the US. But it obviously didn't happen yet.
newbie
Activity: 14
Merit: 0
Don't get me wrong, I'm very excited about bitcoin, but I think the Feds are not going to be happy.  If somebody there is knowledgable about this, and thinks I'm wrong let me know.  If they'll lock a guy up for making silver coins, I don't think they're going to be very accomodating to bitcoin. The Feds move slow, but when they move watch out!  Can bitcoin survive regardless?  I hope so. 


http://investmentwatchblog.com/nc-man-convicted-for-making-selling-own-silver-coins/

Article I, section 8, clause 5 of the United States Constitution delegates to Congress the power to coin money and to regulate the value thereof. This power was delegated to Congress in order to establish and preserve a uniform standard of value and to insure a singular monetary system for all purchases and debts in the United States, public and private. Along with the power to coin money, Congress has the concurrent power to restrain the circulation of money which is not issued under its own authority in order to protect and preserve the constitutional currency for the benefit of all citizens of the nation. It is a violation of federal law for individuals, such as von NotHaus, or organizations, such as NORFED, to create private coin or currency systems to compete with the official coinage and currency of the United States.

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