I think Jon has been pretty consistently on the "less regulation is better regulation" side of the debate. Given that the big criticism of the Bitcoin Foundation (and Mt. Gox) around here was that it is on the "more regulation" side of the fence, I find your comment kind of amusing.
I haven't really criticized the foundation as being "more regulation", that would have shown a quite weak understanding of Bitcoin.
My opinion on the foundation overally is "Good thing for Gavin, he gets a salary, he deserves it after all. Also meh."
I'm however eagerly awaiting to see how the foundation will cover this as it, IMHO, undoubtly deserves at least as much attention as "the banks dirty secrets"
As for it being "a big pile of fail" : I think reasonable people can disagree here. I have no idea whether trying to work inside the existing system or working around the existing system is a better approach. You have your opinion, Jon has his, I think we'll be arguing about it for years to come; happily, there doesn't have to be One True Answer. I just hope we don't spend all our time sniping at each other over the best One True Way to reach the goals that we all share.
I'm not even arguing his opinion is right or wrong, we all know there is no such thing as the Absolute Truth™. But I do point out that he's kinda making big deals about stuff that's really not the main point of this news "will we be able to remain anonymous using BC ?", well, you're not anonymous on any exchange as soon as banks get involved.
The way he talks about graph analysis forgets all we learnt with Shamir's paper.
His statements about how Linux didn't start by integrating with Microsoft are laughable as someone pointed out on Reddit : "Linux did coexist in a sense with Solaris, HP-UX, and other proprietary UNIX(r) OSes, which is the market in which Linux eventually came to dominate."
Anyway, let's not waste our time here, I respect his opinion but I think he could've made a much better article out of it.
It doesn't matter what is true officially that's why I said -effectively- which they are, they are effectively regulated given their actions of requiring their customers to provide all sorts of personal identification and are required to follow strict rules how they may access their site. If they're doing this out of fear of regulations preemptively or because they have agreed to these measures is irrelevant.
It does matter, because if you act like you're regulated without actually being you only get the negative side and reap no benefits out of it. MtGox was doing AML/KYC when they got kicked out of France, they got the bad side of regulation and still got everyone angry by suspending their EUR business for a while. They neither had nor ate their cake.