There is hundreds of years of case law that already settled this question.
In most jurisdictions (Switzerland being an exception) if you purchase stolen unique goods, such as a painting or a sculpture, even if you didn't know that it was stollen and you acted in good faith, the legal title for these goods remains with the original owner.
This does not apply, however, to non-unique or fungible items like dollar bills or bitcoins. If your restaurant receives payment in bills that were stolen from a bank robbery, then these bills remain your property provided you received them in good faith (i.e., you weren't in on some sort of money laundering operation). This applies even if the serial numbers of the stolen bills are known. If you think about it, a cash economy couldn't function any other way!
Bullshit. Bitcoins are not legal tender.
https://bitcointalksearch.org/topic/m.5416272What makes you so certain that the nemo dat rule will be applied to bitcoin? Isn't it at least plausible for a court to treat it similar to legal tender or other negotiable instruments?
Why should the government give a competitive currency (that threatens the power of the government) all its power over legal tender?
Duh.
As well most governments have already ruled it is not legal tender and they have been issuing warnings about using the crypto-currencies.
As well it is quite clear from precedents, e.g. gold and silver are
fungible money too yet they are treated as property by all national governments in the world today.
Another note is that, even after a few transactions, you can't really refer to "this bitcoin" or "that bitcoin". Let's say Alice unknowingly receives a stollen 1 BTC coin. She then sends that 1 BTC to Bob using the Blockchain.info SharedCoin feature. Shared coin merges, for example, ten 1 BTC outputs (all from different people) into 1 transaction, and then send those bitcoins out to, say, 10 different addresses. There is no longer a blockchain record that shows that Alice's address sent 1 BTC to Bob's address. Instead, Bob's bitcoin has 10% taint with the bitcoin that Alice sent. Now, if Bob sends 5 mBTC from that coin to pay for a coffee, and then the merchant moves all customer payments for the week to a new address (and thus likely into a single, say, 5 BTC coin) this new coin shares 0.01% taint with the original stolen coin that Alice unknowingly received from MtGox.
Pretty soon, the taint has diffused throughout the economy!
Exactly! It spreads to everyone. And a coin can be stolen more than once, so
the percentage of taint in the system is always increasing, and NEVER DECREASING!
As an experiment: go to blockchain.info and look-up one of your bitcoin addresses and select the "taint analysis" option. I bet there is taint linking it to hundreds or thousands of other addresses. There's a good chance that your address has 0.0023% taint of a coin used for something illegal. Just like a few of the twenty-dollar bills that you'll use this year had at some point in the past been used to pay for marijuana.
And in fact tainted money can be confiscated!
http://www.nestmann.com/civil-forfeiture-of-cash-it-could-happen-to-youIn conclusion:
- If you receive stollen coins in good faith, they become your legal property.
- After several transactions, a 100% stollen coins get fuzzed-out across numerous coins, each sharing a small amount of taint with the original.
Logic fail!
Are you determined to live in Alice in Wonderland fantasies and be in denial about the potential risks.