So this is all getting wiped. So yes, the special measures franky1 has outlined have always existed, but could only be implemented by regulation. Now they can be implemented by Janet Yellen (who's not exactly friendly to bitcoin) simply saying so, with absolutely no formal notice, due process, public involvement, legal challenges, etc. They used to have a time limit associated with them - that's been scrapped too.
If Yellen decides she wants to, she can now make any exchange freeze your account or even freeze all accounts (i.e. stop the exchange from operating) on a whim, and there is no process by which she can be stopped, delayed, challenged, etc.
This needs challenged. Call your representatives. And get your funds off centralized exchanges before it's too late.
firstly. what o-e-l-e-o misses out on is that yellen cant decide what she wants and freeze any account as she pleases on a whim
because she is restricted by:
by order, regulation, or otherwise as permitted by law,
meaning she has to get a court order.. (means she has to explain why, and a judge has to agree)
its a reason already listed in regulation or law. (she is not creating law, she has to follow the law.. as fincen does)
she has to obide by the laws. and can only request a account to be frozen if its deemed to have broken the law.
its not that she has new powers that fincen do not. its that she has the SAME powers as fincen.
the removal of (3) 120days. is not about any grace period before something becomes new law. its that any current order used to only be active for 120 days. but now can last longer.
where she and fincen both have to actually provide proof and reasoning for requesting a account to be frozen
..
as for the rest of the twitter rant and attached blog about shutting down an exchange purely for confirming a block that was made by some foreign asic farm.. thats just pure BS crazy nonsense
if people like o-e-l-e-o actually read it and campaigned for "dont allow special measures to last beyond 120 days!"
instead of his conspiracy "does this mean new laws can happen without notice"
he might actually have a more realistic campaign
old (3)
3)Duration of orders; rulemaking.—Any order by which a special measure described in paragraphs (1) through (4) of subsection (b) is imposed (other than an order described in section 5326)—
(A) shall be issued together with a notice of proposed rulemaking relating to the imposition of such special measure; and
(B) may not remain in effect for more than 120 days, except pursuant to a rule promulgated on or before the end of the 120-day period beginning on the date of issuance of such order.
new (3)
Process for selecting special measures.—In selecting which special measure or measures to take under this subsection, the Secretary of the Treasury—
(A) shall consult with the Chairman of the Board of Governors of the Federal Reserve System, any other appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) [1] the Secretary of State, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the National Credit Union Administration Board, and in the sole discretion of the Secretary, such other agencies and interested parties as the Secretary may find to be appropriate; and
(B) shall consider—
(i) whether similar action has been or is being taken by other nations or multilateral groups;
(ii) whether the imposition of any particular special measure would create a significant competitive disadvantage, including any undue cost or burden associated with compliance, for financial institutions organized or licensed in the United States;
(iii) the extent to which the action or the timing of the action would have a significant adverse systemic impact on the international payment, clearance, and settlement system, or on legitimate business activities involving the particular jurisdiction, institution, class of transactions, or type of account; and
(iv) the effect of the action on United States national security and foreign policy.
as seen she still needs to seek authorisation from governors of the FRS, banking agency, secretary of state, SEC, CFTC NCUA. and assess any impact she makes.
the only difference is those orders can only last 120 days prior revision, but now has no end point.