Though I am hardly Japanese or an authority on law, my background in business is such that I think I can field some answers which might actually satisfy your needs.
While I do understand everything you say, but please, explain how can both this:
People have to understand one thing, we, and this will apply to any other Exchange at some point, have to follow government and banks rules. Do we like these rules? Not always. Do we enjoy enforcing them? Hell no! Do we have a choice? Not at ALL!
AND this:
A Guideline is a Guidline and you can implement many other options on top of it in order to strengthen your security.
be true at the same time?
How can anything force YOU, the human beings, to implement extra torture for your customers (at your cost), instead of extra protecting them (at your risk), while you say you dislike the idea of torturing them?
You use the idea of "force" as an absolute. While it's true that there is a choice, it's a choice between compliance and jail time. You can always strengthen the security of an organization in favor of privacy, but you may not protect information which is criminal in nature, or you are considered an accomplice to the crime.
So what is or isn't a crime? That depends on the laws which apply the MtGox.
You are forced to report anything suspicious noticed. OK, that is practical.
How can any human being be forced to notice "suspicious" operations? How can YOU be forced to judge anything as suspicious (distrustful) in the first place???
Is it possible to manipulate human's TRUST from outside and against his will??? Oh, don't say that is true.
Why YOU may be forced to distrust us (and our operations), but we still have no choice, but to trust you?
See the above.
Why do you prosecute your users for doing "suspicious" and "unlawful" operations, but do not prevent them from doing that? Why not educate them? Put a warning maybe?
Why should I guess how to not get frozen in the first place? Where are the instructions? Why do you care of NOT disclosing them?
WHO on the Earth can force you to actually CARE about not disclosing the details???
Afraid of something? Then do it anonymously. What is the problem?
This has always bothered me. But the reality is that if they offer "legal advice" in any way, they can be held liable and have criminal charges filed against them for practicing law without a license in many places. Hardly fair, but it's what's required.
MtGox doesn't prosecute; they are merely bound by the legal requirements of where they do business, which is apparently Tokyo. Because there is REAL money being traded and valued, the police have a way which forces companies to care about NOT disclosing information, because there are laws against that sort of helpful thing.
So don't blame the exchange, dude... it's the fault of crafty criminals and over-reactive politicians.
OK, KYC/AML are the "fiat world" requirements.
But then why did you freeze BTC accounts that tried to withdraw large BTC amounts while unverified,
however you accepted large amount payments to that accounts and not allowed to return them back.
How can a Bank/Govt/Whatever force you to NOT return BTCs to the rightful owner??? WTF?
How can they know in the first place and judge you for doing that???
C'mon I feel being brain F**KED by you, MTGOX!!! But please answer.
Freezing transactions is once again the "fiat world" requirement--you answered your own question without realizing it.
You're reacting as if a temporary freeze is theft of your bitcoins... it's not, it's a measure which the international banking community REQUIRES in order to operate as a currency exchange, and enforced by international and national laws around the world. So if you misbehave in any way with your BTC, you CAN have them frozen until things become clear.
Again, I have no connect to Mt Gox or its employees (other than being a new applicant), but your being ticked off at them for following the law won't get you unfrozen any faster. It's merely a requirement for them to operate within the law, and since BTC have a perceived value around the world, freezing them is not just legal, it's required.
