[I] am curious how much professional legal assistance was consulted before this decision was made..
I didn’t want to say so in my earlier post: I
presume that theymos acts on advice of counsel. And that he probably doesn’t want to comment on that, and shouldn’t.
It is why I went easy on him, and explicitly avoided criticizing him, even though I despise this policy.
I mean, if its possibly winnable I think it would be a good use of 5-10 BTC of forum funds to take it as far as possible in court..
But idk if theymos is trying to stand up against any of this, or lay low under the radar..
You want the forum to be an
ACLU of Bitcoin, fighting public-interest legal battles for free speech? That sounds great to me. I’d commend theymos if he were to take such a direction.
As I recently remarked in a PM to an anonymous party:
I suspect that his [theymos’] decision is driven entirely by the need not to be put in a cage, in “the Land of the Free”. [...] And it doesn’t much matter what the law is.
I believe, and I would strongly argue that some or all of what is banned is First Amendment protected speech, according to the U.S. Constitution. If so, theoretically, theymos should have no legal risk. However, the U.S. government has proved in practice that when they really want to, they disobey their own constitution.
I don’t want to see him caged, so I explicitly avoided criticizing theymos in the public thread.
The good part of this: It’s not banned to promote and defend the nonexistent ChipMixer. Thus, I’ve taken to somewhat systematically promoting ChipMixer in concept—despite my disappointment in their shockingly bad OPSEC. I see promoting the nonexistent ChipMixer as a pure political statement.
For theymos to ignore legal risks would be foolish. But it would be wise to sit down with a First Amendment specialist lawyer, and figure out how to construct a test case without risk of a criminal indictment. The problem is to make a “case or controversy” raising a constitutional law question,
without a risk of jackbooted thugs kicking your door down. I have ideas, but will not provide them here; that’s the lawyer’s job, and anyone with a legit interest in my thoughts about this can contact me privately.
Advertising of controversial services can be a major free speech issue. For example, decades before Backpage, Michael Lacey and James Larkin got in trouble for running newspaper ads for a California abortion referral service in Arizona, where advertising abortion was explicitly illegal. Their state constitutional appeal was pending when
Roe v. Wade was decided, and was thus decided on that basis—without reaching the First Amendment question. Well, then, decades later, anyone who follows free speech news knows about their publishing of escort ads on Backpage.
The parallel is striking. Backpage
strictly banned ads that were clearly illegal: Any ad with a overt offer of sex for money, and any erotically evocative type of ad from or about anyone under age 18. Escorting is
legal; to offer to spend time with someone in exchange for money is unambiguously 100% legal. Backpage published ads from people offering to spend time with you for money.
That’s it. It’s sexist and misogynist to condemn that, just because those people were mostly alluring young women.
And here? theymos would
never have allowed any ad saying, “Send your stolen bitcoins and dirty drug money here for laundering!” The single most popular mixer ad was ChipMixer; I personally respected ChipMixer, because their website quoted Adam Back on fungibility. They seemed sincerely to care about fungibility and privacy. I myself also think that mixers are an important way to shield yourself from
armed robbers: If you need to make an 0.00099 (plus fee) BTC payment to a stranger who can track you down IRL, pay with an 0.001 BTC ChipMixer chip so they can’t see that you have 100 BTC in your wallet. Otherwise, you’re hanging a neon flashing sign on yourself that says to violent criminals, “PLEASE BREAK INTO MY HOME AND PUT A GUN TO MY HEAD, OR KIDNAP MY CHILDREN.”
Is it illegal to protect yourself and your children from violent crime?
The Backpage thing ended badly for Lacey and Larkin. See what I said above about the USG and their disregard for their own constitution. I insist that Backpage was legal. Lacey and Larkin had lawyers, who surely advised them all along. They had millions of dollars for legal fights—which USG then seized so they couldn’t easily pay lawyers. “The Land of the Free” believes in making criminal defendants helpless, so they can be squashed like bugs.
All that was on my mind, when I wrote the above-quoted PM.
I guess this kind of story is probably why theymos is so exceedingly cautious, even though
I (IANAL) think that the forum’s policy here bans an awful lot of legal speech. But you raise an excellent point, eddie13: If theymos wants to fight this for the greater good, he could talk to a lawyer about a free speech lawsuit in the public interest.
Good chance of nully buddy generating interesting content,
Sorry an idiot trolled the top spot on this page, instead of my reply to you. I’m too busy generating interesting content, some of which may raise a ruckus. I dunno if you personally will like it, but hey—if you want “interesting”, perhaps in the sense of “may you live in interesting times”, nully must deliver!