There is no such thing as a stolen bitcoin.
Bitcoin is not property.
It is a ledger with a set of rules. Those rules are determined by consensus and enforced by the protocol. If you choose to take part in the game, you agree to accept the validity of the rules, and any future changes to the rules as determined by consensus.
With bitcoin, the rule is unambiguous: Whoever validly signs the transaction, "owns" the bitcoin.
You cannot claim to be a legal "owner" of some bitcoin if you do not have the ability to sign (ie. knowledge of private key) because the bitcoin clients/developers/businesses never made such a promise, implicitly or explicitly, and the above rule was clear from the start.
Just because around 2010 everyone started behaving as if it was property doesn't make it property. The mtgox victims never actually owned any bitcoins. At best, they owned bitcoin IOUs. It's sad that they were misled by mtgox's marketing and that we failed to educate them better about the above.
If you think this is all just theoretical musings, remember this:
Indeed the above is all
theoretical bullshit that won't help you in reality. The law is the law. The will and power of society is what wins
because BITCOIN IS NOT ANONYMOUS. And Mt.Gox's Terms of Service was (as I documented in a linked post in an upthread post) they were acting as an agent with YOUR bitcoin property.
Any bitcoin can be "dispropriated " by consensus. Not by the government, not by the legal system, not by the police, but only by the protocol itself.
Irrelevant, the law can confiscate other real property and/or garnish wages,
because BITCOIN IS NOT ANONYMOUS.
Notwithstanding that the consensus is already controlled by a few mining pools, which can easily be expropriated by the government either overtly or covertly.
if bitcoin were property in any legal sense those protocol changes would have been Illegal!
No. They would have gone to a judge for a fair ruling, if there was enough incentive, but apparently not enough people were harmed wrongly in order to bring it to court.
PS. I don't want to condone antisocial behaviour like the mtgox heists, but the solution should come from the protocol itself, eg. in the form of multisig and timelocked transaction. It should not come from wrongly treating bitcoins as property.
I agree one of the solutions is decentralized exchange, but this won't stop all the theft and criminal activities that are tainting Bitcoin in ever increasing proportions.
Only will be true with rock solid, widespread anonymity. And Bitcoin will NEVER have that! Never.
Tl;Dr code is law
It could be, with rock solid, widespread anonymity. But Bitcoin doesn't have this and NEVER will.
Tl;Dr
Repudiation is always possible if there is not rock solid, widespread anonymity.Tl;Dr
Code is law iff the identities of the participants can not be discovered.Irrelevant, the law can confiscate other real property and/or garnish wages, because BITCOIN IS NOT ANONYMOUS.
Irrelevant, the law has to establish a case for bitcoin, which means accepting it as legal tender, which then means, law starts then. Which will nevr happen.
Notwithstanding that the consensus is already controlled by a few mining pools, which can easily be expropriated by the government either overtly or covertly.
Unless D.O.D comes up with a new really good ASIC, then manages to overtake the network before we can notice and react. Which falls to consensus yet again, ant dev will just roll back, switch algos place some new checkpoints and we'll continue, right where we left off. They can hold their "bitcoins" which we either invalidate, or they become worthless because the community that gives them value, has moved on.
No. They would have gone to a judge for a fair ruling, if there was enough incentive, but apparently not enough people were harmed wrongly in order to bring it to court.
The only "property" a government can effect is that which can be verified by a ledger they control. So judge rules in their favour at block 300000.....just where do you think the next community consensus hard fork is going to start?
It could be, with rock solid, widespread anonymity. But Bitcoin doesn't have this and NEVER will.
I would not be surprised if new protocols and measures are introduced along with chain size reduction.