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Author Topic: McCutcheon v. FEC  (Read 810 times)
Bitco (OP)
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April 03, 2014, 07:39:37 PM
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The US Supreme Court ruled Wednesday that political donations are protected under the First Amendment, throwing out limits on donating more than $48,600 to federal candidates, and $74,600 to political action committees.

These amounts are much larger than some bitcoin transactions that have recently come under scrutiny.  I suspect it won't be long before someone claims their $10,000 purchase of bitcoins is protected under the First Amendment.
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The Bitcoin network protocol was designed to be extremely flexible. It can be used to create timed transactions, escrow transactions, multi-signature transactions, etc. The current features of the client only hint at what will be possible in the future.
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amspir
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April 03, 2014, 08:15:08 PM
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These amounts are much larger than some bitcoin transactions that have recently come under scrutiny.  I suspect it won't be long before someone claims their $10,000 purchase of bitcoins is protected under the First Amendment.

Has a $10,000 purchase of bitcoins recently been stopped by the government?

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April 03, 2014, 08:31:17 PM
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Has a $10,000 purchase of bitcoins recently been stopped by the government?

Florida v Espinoza and Reid
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April 03, 2014, 08:50:51 PM
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Has a $10,000 purchase of bitcoins recently been stopped by the government?

Florida v Espinoza and Reid

At issue there is if the Espinoza and Reid complied with the money transmitter laws of the state of Florida, not if the transaction was prevented.  (And the defense may be able to beat the case on that point).  The transaction isn't prevented if the parties involved complied with the state MTL regs, which admittedly are burdensome.

It's similar to arguing that 1st amendment rights allow a political contributor to donate anonymously, which seems counter-intuitive.

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April 03, 2014, 09:05:36 PM
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Has a $10,000 purchase of bitcoins recently been stopped by the government?

Florida v Espinoza and Reid
The premise for these two cases is very different. Florida v Espinoza and Reid involved an undercover agent attempting to purchase $10,000+ in bitcoin which would be used to buy stolen credit card information (not to mention the issues raised in armspir's above post). The case states the purpose of the bitcoin purchase was known by Espinoza and Reid. While it is possible for Espinoza and Reid to beat the charges for other reasons, I can't see how it would fall under the first amendment.
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April 03, 2014, 09:48:19 PM
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At issue there is if the Espinoza and Reid complied with the money transmitter laws of the state of Florida, not if the transaction was prevented.  (And the defense may be able to beat the case on that point).  The transaction isn't prevented if the parties involved complied with the state MTL regs, which admittedly are burdensome.

It doesn't pass 1st Amendment muster if the regulations are so burdensome as to effectively prevent the transaction.

It's similar to arguing that 1st amendment rights allow a political contributor to donate anonymously, which seems counter-intuitive.

The Supreme Court has long held that anonymous speech is protected under the First Amendment.

The premise for these two cases is very different. Florida v Espinoza and Reid involved an undercover agent attempting to purchase $10,000+ in bitcoin which would be used to buy stolen credit card information (not to mention the issues raised in armspir's above post). The case states the purpose of the bitcoin purchase was known by Espinoza and Reid. While it is possible for Espinoza and Reid to beat the charges for other reasons, I can't see how it would fall under the first amendment.

As far as I know, neither Espinoza nor Reid claimed that their actions were protected under the First Amendment.  However, someone buying a similarly large amount of bitcoins could claim that their intended use of the bitcoins was for a constitutionally-protected activity, rather than for the purchase of stolen credit cards.
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April 03, 2014, 09:53:43 PM
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It's similar to arguing that 1st amendment rights allow a political contributor to donate anonymously, which seems counter-intuitive.

The Supreme Court has long held that anonymous speech is protected under the First Amendment.

It's not absolute,  the state would argue that it's in the public interest to unblind actors that are involved with what is supposed to be a transparent system of government,  in the case of AML/MTL regs, the state's argument is that it is in the public interest to protect us from those that fund bearded men in caves that plot to attack our country.

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April 03, 2014, 09:59:49 PM
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Has a $10,000 purchase of bitcoins recently been stopped by the government?

Florida v Espinoza and Reid
The premise for these two cases is very different. Florida v Espinoza and Reid involved an undercover agent attempting to purchase $10,000+ in bitcoin which would be used to buy stolen credit card information (not to mention the issues raised in armspir's above post). The case states the purpose of the bitcoin purchase was known by Espinoza and Reid. While it is possible for Espinoza and Reid to beat the charges for other reasons, I can't see how it would fall under the first amendment.

Although I believe the cases were entrapment, I think adding on the criminal aspect to the transaction was a move by the prosecutors to bias the court, the charges relating to MTL is what they want to stand on.  The defendents were dumbasses for continuing with the transactions when criminal activity was mentioned, the money involved must of overcame the their internal bullshit detectors.

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