The recent FinCEN guidance states that any bitcoin business that buys or sells bitcoin for non-personal use (my interpretation and IANAL) must register with the Financial Crimes Enforcement Network (FinCEN) as a Money Service Business (MSB).
FinCEN is a Federal regulatory agency within the US Department of Treasure entrusted to aid law enforcement in the fight against Money Laundering and Terrorism Finance as per the Currency and Financial Transactions Reporting Act of 1970 which was amended by the USA PATRIOT Act in 2001. A legal framework with falls under the broad umbrella of the Bank Secrecy Act (BSA).
The two most important functions of this regulation are Know Your Customer (KYC) an Anti Money Laundering (AML) regulation.
To my knowledge TC only accepts bank wires for his business. To send or receive a bank wire you must have a bank account. And if you have a bank account in the US you know the kind of documentation required. So I doubt there is much anonymous activity going on in his business TC also has limits on the amounts of funds you can send and receive (I'm assuming as per this guidance).
I believe payout options also include paypal, dwolla, etc who are also regulated not only by FinCEN but also by Money Transmitter (MT) laws and regulation which provide consumer protection for citizens of each state in which a MSB has clients. Which again links these funds and their transfer real people.
To my knowledge NO states except possibly Texas and (depending on your interpretation) possibly New York currently requires a bitcoin business to be licensed in their states.
I am in no way associated or affiliated with TC (but I have used there EXCELLENT and PROFESSIONAL service on a few occasions) so again I would assume that TC is currently complaint with any existing regulations (however gray this area currently is).
Now FinCEN, The Department of Treasury and/or the State may and probably will rule further in this area, but until then, I don't see any reason why TC would be operating illegally.
However the bigger problem for bitcoin businesses and obviously for Liberty Reserve is that it does not matter if regulation applies to a your business because federal criminal laws apply (as we see with the LR case) which prohibit anyone from not only being involved in the movement of the proceeds of criminal activity but also aiding this movement or ignoring the potential source of such proceeds. (SEE E-GOLD)
As we have seen in the LR case and as we may see in the pending MT Gox case, this gives law enforcement discretion to prosecute criminally. And since bitcoin businesses are potentially open to abuse from money laundering and other financial crimes, they may now become targets for prosecution if these businesses enable this type of activity.
What this does mean is that to operate legally, bitcoin business will be required to abide by these developing regulations (which it seems TC is doing) and the biggest impact will be the end of anonymity in (the regulated) bitcoin economy which is probably not a bad thing.
And after all the hacks and scams and financial fiascoes we have seen in bitcoin, if there is one business I see leading the way it is Tangible Cryptography.
just my 2c.