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Topic: Is stealing bitcoins illegal? (Read 9435 times)

hero member
Activity: 518
Merit: 500
Hodl!
December 16, 2014, 08:50:41 AM
isnt it not real money and everything that is done with it cant be illegal?

Thefts of things far less tangible and fungible than bitcoin, such as virtual items from MMPORGs have been prosecuted.
legendary
Activity: 1456
Merit: 1010
Ad maiora!
December 16, 2014, 03:23:13 AM
There is got to be intent and with btc theft... It's done by hackers with malware and exploits etc it's like walking around with a burglary kit and "testing" windows to see if they're locked.
There is no innocently stumbled across btc being found. Unless OP was merely alluding to the 6.4 btc someone grabbed out of my computer with a total exploit I had to wipe my HD to get rid of, then yeah... Giving it back is the right thing to do.
sr. member
Activity: 350
Merit: 250
December 15, 2014, 11:21:03 PM
yes if you can steal them it is illegal, as per the views of US government right now and a lot of other countries Bitcoins are property and whenever you seize property that does not belong to you thru actions of theft it is illegal and punishable by law. if the value of the theft is over 1000 dollars in most cases it is upgraded to a felony charge and can get maximum sentancing. so if you steal as little as 3 BTC you have committed a felony in the eyes of American law Smiley

That is interesting.
I didn't know that there was a threshold for the amount stolen to decide the severity of the crime.
In my country, I don't think that the quantity involved has an impact on the punishment for the crime.

In almost all jurisdiction exists some threshold on the amount stolen to calibrate the sentencing terms. Relative big amounts get harsher terms while relative small amounts get lesser terms. You know stealing 100$ to a Bill Gates type is not the same as robbing him of 100$ million.
You need to remember that the common denominator is that stealing any amount of anything valuable is going to be a crime. The only difference is in the penalty
sr. member
Activity: 420
Merit: 250
Ever wanted to run your own casino? PM me for info
December 14, 2014, 12:08:43 PM
yes if you can steal them it is illegal, as per the views of US government right now and a lot of other countries Bitcoins are property and whenever you seize property that does not belong to you thru actions of theft it is illegal and punishable by law. if the value of the theft is over 1000 dollars in most cases it is upgraded to a felony charge and can get maximum sentancing. so if you steal as little as 3 BTC you have committed a felony in the eyes of American law Smiley

That is interesting.
I didn't know that there was a threshold for the amount stolen to decide the severity of the crime.
In my country, I don't think that the quantity involved has an impact on the punishment for the crime.

In almost all jurisdiction exists some threshold on the amount stolen to calibrate the sentencing terms. Relative big amounts get harsher terms while relative small amounts get lesser terms. You know stealing 100$ to a Bill Gates type is not the same as robbing him of 100$ million.

Most of the bitcoin theft happens electronically by hackers, which makes it almost impossible to trace.
Even if a site like Mtgox, shuts down, then they can just say that the coins were compromised by a hacker, and there is almost no way to prove that they are responsible for it.
With got at least there is some level of evidence that attackers were stealing coins from them. With a site like gox it is somewhat possible to trace who got/took what as there are records of who requested what withdrawals so they should be able to determine who was overpaid/was able to over withdraw (I think that many people who receive extra from gox did so unknowingly)
hero member
Activity: 910
Merit: 1000
December 14, 2014, 04:41:08 AM
yes if you can steal them it is illegal, as per the views of US government right now and a lot of other countries Bitcoins are property and whenever you seize property that does not belong to you thru actions of theft it is illegal and punishable by law. if the value of the theft is over 1000 dollars in most cases it is upgraded to a felony charge and can get maximum sentancing. so if you steal as little as 3 BTC you have committed a felony in the eyes of American law Smiley

That is interesting.
I didn't know that there was a threshold for the amount stolen to decide the severity of the crime.
In my country, I don't think that the quantity involved has an impact on the punishment for the crime.

In almost all jurisdiction exists some threshold on the amount stolen to calibrate the sentencing terms. Relative big amounts get harsher terms while relative small amounts get lesser terms. You know stealing 100$ to a Bill Gates type is not the same as robbing him of 100$ million.

Most of the bitcoin theft happens electronically by hackers, which makes it almost impossible to trace.
Even if a site like Mtgox, shuts down, then they can just say that the coins were compromised by a hacker, and there is almost no way to prove that they are responsible for it.
sr. member
Activity: 322
Merit: 250
https://dadice.com | Click my signature to join!
December 14, 2014, 03:43:41 AM
yes if you can steal them it is illegal, as per the views of US government right now and a lot of other countries Bitcoins are property and whenever you seize property that does not belong to you thru actions of theft it is illegal and punishable by law. if the value of the theft is over 1000 dollars in most cases it is upgraded to a felony charge and can get maximum sentancing. so if you steal as little as 3 BTC you have committed a felony in the eyes of American law Smiley

That is interesting.
I didn't know that there was a threshold for the amount stolen to decide the severity of the crime.
In my country, I don't think that the quantity involved has an impact on the punishment for the crime.

In almost all jurisdiction exists some threshold on the amount stolen to calibrate the sentencing terms. Relative big amounts get harsher terms while relative small amounts get lesser terms. You know stealing 100$ to a Bill Gates type is not the same as robbing him of 100$ million.
hero member
Activity: 728
Merit: 500
December 13, 2014, 08:58:17 PM
I could not explain differently about stealing , in general, to be legal.
legendary
Activity: 1806
Merit: 1090
Learning the troll avoidance button :)
December 13, 2014, 04:48:13 PM
For example, if I mislead someone into sending me a large amount of bitcoins (in the United States) would that be illegal?

If I did not force them to do anything, but they sent them anticipating me to send a product in return, but I never send it.

Would this be considered illegal considering no one would know whether the bitcoin address that received the bitcoins was my address?



Yes it is illegal,

Thinking of Trendon Shavers and Pirateat40 when referencing this case, good old Trendon is now paying for his crimes of running a ponzi scheme for investors and then running with the funds, and making a mess here.
isnt it not real money and everything that is done with it cant be illegal?

Sure, tell that to the SEC they will have a nice seat waiting for you in the hall ^^
https://www.sec.gov/litigation/complaints/2013/comp-pr2013-132.pdf

This Court has jurisdiction over this action pursuant to Sections 20 and 22 of the
Securities Act of 1933 (“Securities Act”) [15 U.S.C. §§ 77t and 77v] and Sections 21and 27 of
the Exchange Act of 1934 (“Exchange Act”) [15 U.S.C. §§ 78u and 78aa].

7. Venue is proper in this district under Section 22(a) of the Securities Act and
Section 27 of the Exchange Act [15 U.S.C. §§ 77v(a) and 78aa] because Defendants may be
found in and are inhabitants of McKinney, Texas; and because certain of the acts, practices,
transactions and courses of business alleged herein occurred within the Eastern District of Texas
sr. member
Activity: 378
Merit: 250
December 13, 2014, 02:21:27 PM
For example, if I mislead someone into sending me a large amount of bitcoins (in the United States) would that be illegal?

If I did not force them to do anything, but they sent them anticipating me to send a product in return, but I never send it.

Would this be considered illegal considering no one would know whether the bitcoin address that received the bitcoins was my address?



Yes it is illegal,

Thinking of Trendon Shavers and Pirateat40 when referencing this case, good old Trendon is now paying for his crimes of running a ponzi scheme for investors and then running with the funds, and making a mess here.
isnt it not real money and everything that is done with it cant be illegal?
hero member
Activity: 938
Merit: 501
December 13, 2014, 07:50:39 AM
If you think you won't eventually be traced to your btc address, you are smoking dope
Honesty pays, don't be a jerk
legendary
Activity: 1806
Merit: 1090
Learning the troll avoidance button :)
December 13, 2014, 06:24:20 AM
For example, if I mislead someone into sending me a large amount of bitcoins (in the United States) would that be illegal?

If I did not force them to do anything, but they sent them anticipating me to send a product in return, but I never send it.

Would this be considered illegal considering no one would know whether the bitcoin address that received the bitcoins was my address?



Yes it is illegal,

Thinking of Trendon Shavers and Pirateat40 when referencing this case, good old Trendon is now paying for his crimes of running a ponzi scheme for investors and then running with the funds, and making a mess here.
legendary
Activity: 1582
Merit: 1064
December 13, 2014, 03:26:44 AM
yes if you can steal them it is illegal, as per the views of US government right now and a lot of other countries Bitcoins are property and whenever you seize property that does not belong to you thru actions of theft it is illegal and punishable by law. if the value of the theft is over 1000 dollars in most cases it is upgraded to a felony charge and can get maximum sentancing. so if you steal as little as 3 BTC you have committed a felony in the eyes of American law Smiley

That is interesting.
I didn't know that there was a threshold for the amount stolen to decide the severity of the crime.
In my country, I don't think that the quantity involved has an impact on the punishment for the crime.
sr. member
Activity: 252
Merit: 250
December 11, 2014, 09:12:54 PM
for me this is 100% illegal !!! and a huge lack of respect!
hero member
Activity: 759
Merit: 500
December 11, 2014, 08:01:07 PM
For example, if I mislead someone into sending me a large amount of bitcoins (in the United States) would that be illegal?

If I did not force them to do anything, but they sent them anticipating me to send a product in return, but I never send it.

Would this be considered illegal considering no one would know whether the bitcoin address that received the bitcoins was my address?



No matter what you steal you are thief. But in Bitcoin only way to proove that this is your btc is to be owner of private key
sr. member
Activity: 350
Merit: 250
December 11, 2014, 07:54:58 PM
This slightly different use case has probably been discussed here before, but I think it also belongs in this thread.

I struggle with what it means to own private keys.  I think we just "know" the private keys.  Anyone who knows the private key has complete access to the associated bitcoin.  So if I try some obscure brainwallet phrase and discover a long unattended address with BTC, is this the same kind of theft as the OP's fraud use case?

Since we can't communicate a warning shot to the person who set up a bad brainwallet passphrase, how can any be sure that the private keys have not been lost due to bad memory/security proceedures?  That might be the same thing as finding a $20 bill in the middle of Central Park in NYC. Untraceable owner and no confidence that the authorities can get the money to the rightful owner.  Most people would treat it as a windfall, and no one would consider it theft.  I think this last point depends on the amount of money found -- if you found a satchel of $100,000 cash, taking it to the authorities would make sense.

But back to the question of "knowing" vs. "owning" private keys.  Can there be clear delineation of how to interpret this?
I am not sure how exactly to define how someone can "own" a private key. I would however say that it would generally be considered to be 'stealing" bitcoin in the event that you use some kind of exploit to learn what someone else's private key is

Well, at least it is a "moral question". As someone said above, discovering someone else's private key would be more or less like finding someone else's money:

There's the possibility that the rightfull owner had lost (does not know anymore) that private key (in the case of the found money, it was a "lost money"), and as a consequence the bitcoins would have been lost anyway: in this situation, as it would be "impossible" to find the owner, I believe "recovering" the coins to the ownership of the "person finder" is acceptable.

But there's also the possibility that the "original rightful owner" still has knowledge of the private key (maybe it's someone else's cold storage). In this case, it would be totally wrong to steal the bitcoins from that "found" address. (for the example of the found money, it could be a "hidden treasure").

As it can be very hard to discern the situation (if it was lost or hidden money) the person who eventually collides with someone else's address will be in a moral dillema situation.... But, anyway, key collisions are virtually impossible to happen, fortunately...

There are big differences between finding a few hundred dollar bills on the street and "finding" someone's private keys that control bitcoin. On one hand finding cash means that no matter what you do with it, the "real" owner will not be able to realize it's spending power.

With bitcoin on the other hand, it is possible for two people to "know" the private keys but only person took actions to have something of value caused to be sent to the corresponding public key
sr. member
Activity: 308
Merit: 250
December 11, 2014, 04:57:30 PM
This slightly different use case has probably been discussed here before, but I think it also belongs in this thread.

I struggle with what it means to own private keys.  I think we just "know" the private keys.  Anyone who knows the private key has complete access to the associated bitcoin.  So if I try some obscure brainwallet phrase and discover a long unattended address with BTC, is this the same kind of theft as the OP's fraud use case?

Since we can't communicate a warning shot to the person who set up a bad brainwallet passphrase, how can any be sure that the private keys have not been lost due to bad memory/security proceedures?  That might be the same thing as finding a $20 bill in the middle of Central Park in NYC. Untraceable owner and no confidence that the authorities can get the money to the rightful owner.  Most people would treat it as a windfall, and no one would consider it theft.  I think this last point depends on the amount of money found -- if you found a satchel of $100,000 cash, taking it to the authorities would make sense.

But back to the question of "knowing" vs. "owning" private keys.  Can there be clear delineation of how to interpret this?
I am not sure how exactly to define how someone can "own" a private key. I would however say that it would generally be considered to be 'stealing" bitcoin in the event that you use some kind of exploit to learn what someone else's private key is

Well, at least it is a "moral question". As someone said above, discovering someone else's private key would be more or less like finding someone else's money:

There's the possibility that the rightfull owner had lost (does not know anymore) that private key (in the case of the found money, it was a "lost money"), and as a consequence the bitcoins would have been lost anyway: in this situation, as it would be "impossible" to find the owner, I believe "recovering" the coins to the ownership of the "person finder" is acceptable.

But there's also the possibility that the "original rightful owner" still has knowledge of the private key (maybe it's someone else's cold storage). In this case, it would be totally wrong to steal the bitcoins from that "found" address. (for the example of the found money, it could be a "hidden treasure").

As it can be very hard to discern the situation (if it was lost or hidden money) the person who eventually collides with someone else's address will be in a moral dillema situation.... But, anyway, key collisions are virtually impossible to happen, fortunately...



sr. member
Activity: 252
Merit: 251
Knowledge its everything
December 11, 2014, 12:28:10 AM
Stealing is ilegal
I don't care how you do it, but stealing is a big crime

Even no law regulate about bitcoin, you must know already stealing is crime & ilegal
Don't forget your sins  Angry
hero member
Activity: 1008
Merit: 502
December 11, 2014, 12:11:07 AM
yes if you can steal them it is illegal, as per the views of US government right now and a lot of other countries Bitcoins are property and whenever you seize property that does not belong to you thru actions of theft it is illegal and punishable by law. if the value of the theft is over 1000 dollars in most cases it is upgraded to a felony charge and can get maximum sentancing. so if you steal as little as 3 BTC you have committed a felony in the eyes of American law Smiley
sr. member
Activity: 350
Merit: 250
December 10, 2014, 07:46:37 PM
This slightly different use case has probably been discussed here before, but I think it also belongs in this thread.

I struggle with what it means to own private keys.  I think we just "know" the private keys.  Anyone who knows the private key has complete access to the associated bitcoin.  So if I try some obscure brainwallet phrase and discover a long unattended address with BTC, is this the same kind of theft as the OP's fraud use case?

Since we can't communicate a warning shot to the person who set up a bad brainwallet passphrase, how can any be sure that the private keys have not been lost due to bad memory/security proceedures?  That might be the same thing as finding a $20 bill in the middle of Central Park in NYC. Untraceable owner and no confidence that the authorities can get the money to the rightful owner.  Most people would treat it as a windfall, and no one would consider it theft.  I think this last point depends on the amount of money found -- if you found a satchel of $100,000 cash, taking it to the authorities would make sense.

But back to the question of "knowing" vs. "owning" private keys.  Can there be clear delineation of how to interpret this?
I am not sure how exactly to define how someone can "own" a private key. I would however say that it would generally be considered to be 'stealing" bitcoin in the event that you use some kind of exploit to learn what someone else's private key is
full member
Activity: 210
Merit: 100
December 10, 2014, 12:14:03 AM
Alright, since the general consensus is that stealing bitcoins is illegal.
If I discontinue the use of communication with said person (from a way that can be linked back to my IP address) and continue the conversation on an anonymized, encrypted email, with TOR, a VPN, and tails, and then execute said plan, law enforcement would have no way to prove that it was me who committed the crime and I would not be held accountable due to lack of evidence that it was me, correct?

I hope whoever you are fucking over holds you personally accountable for the worth of every dollar.  People like you need to dissapear.
Well he does bring up a very good point. If you are dealing with someone who is anonymous to you then you should assume that he is anonymous overall and should take the associated precautions when trading with such person

Absolutely, everyone should do their research, and the people who don't, get scammed.  That being said I have no love for someone who makes profit solely based on fucking people from the community over.   It's dumb.  If you want to make some money on the black market get someone who's in the BS industry you're in, better yet, give a shot at starting a legitimate website or business.  Preying on innocent people as a source of revenue is bitch work, nothing more.
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