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Author Topic: Moderating Currency Exchange and Lending (FinCEN)  (Read 1385 times)
the joint
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March 19, 2013, 08:19:08 AM
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How are the moderators going to handle offers made by USA users in the 'currency exchange' and 'lending' sub-forums in light of FinCEN's judgment on decentralized virtual currencies?

Edit:  I specifically am referring to offers in which there is an exchange between virtual and fiat currencies.

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March 19, 2013, 08:26:39 AM
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The forum isn't based in the US.

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March 19, 2013, 08:28:23 AM
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The forum isn't based in the US.
I love the American altitude on this board. 96% of the people in the world are not in the US.
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March 19, 2013, 08:29:47 AM
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The forum isn't based in the US.

I know.  However, wouldn't it constitute illegal activity without proper licensure?

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March 19, 2013, 08:33:17 AM
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The forum isn't based in the US.

I know.  However, wouldn't it constitute illegal activity without proper licensure?
But the forum doesn't need to moderate those topics as it isn't based in the US.

Maybe a warning / sticky would be helpful, but I doubt that Uncle Sam is going to go after someone who gives a 0.3 BTC loan versus the exchanges they are targeting.
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March 19, 2013, 08:34:24 AM
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The forum isn't based in the US.

I know.  However, wouldn't it constitute illegal activity without proper licensure?
But the forum doesn't need to moderate those topics as it isn't based in the US.

But I thought the forum doesn't condone any illegal activity.

I'm simply curious.  I don't really have an opinion on the matter.

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March 19, 2013, 08:40:23 AM
 #7

The forum isn't based in the US.

I know.  However, wouldn't it constitute illegal activity without proper licensure?
But the forum doesn't need to moderate those topics as it isn't based in the US.

But I thought the forum doesn't condone any illegal activity.

I'm simply curious.  I don't really have an opinion on the matter.

There's this quote:

It's against the rules to make trades that are not legal in both the seller's and buyer's countries. I'm not interested in figuring out legality of trades or investigating locations of members, though, so I only delete really obvious stuff.

https://bitcointalk.org/index.php?topic=57379.msg683474#msg683474

(In reality, I don't expect any changes to the forum following the FinCEN guidance).
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March 19, 2013, 08:53:54 AM
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There's this quote:

It's against the rules to make trades that are not legal in both the seller's and buyer's countries. I'm not interested in figuring out legality of trades or investigating locations of members, though, so I only delete really obvious stuff.

https://bitcointalk.org/index.php?topic=57379.msg683474#msg683474

(In reality, I don't expect any changes to the forum following the FinCEN guidance).

That's still my position.

Blatant illegal trades are only disallowed because they would make it difficult for the forum to survive. In this case, even assuming that the FinCEN ruling is an absolute law without loopholes (which I'm not sure about), people could have all of the necessary licensing. I'm not going to go around asking people to show me their licenses.

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March 19, 2013, 08:54:49 AM
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There's this quote:

It's against the rules to make trades that are not legal in both the seller's and buyer's countries. I'm not interested in figuring out legality of trades or investigating locations of members, though, so I only delete really obvious stuff.

https://bitcointalk.org/index.php?topic=57379.msg683474#msg683474

(In reality, I don't expect any changes to the forum following the FinCEN guidance).

That's still my position.

Blatant illegal trades are only disallowed because they would make it difficult for the forum to survive. In this case, even assuming that the FinCEN ruling is an absolute law without loopholes (which I'm not sure about), the forum has plausible deniability because people could have all of the necessary licensing. I'm not going to go around asking people to show me their licenses.

Thanks.

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