TBG-054

- FinCen Clarifies, Bitcoin 2.0 in the clear? SEC, CVS, RiteAid and Happy ...

October 31, 2014 · YouTube · All episodes
TBG-054 cover frame

Where the panel landed

Did FinCEN, the SEC, retail payment wars, exchange lawsuits, and Tor privacy research show Bitcoin maturing into infrastructure or being pushed out of the United States?

The panel partially agreed that FinCEN's clarification mattered, but split on whether it was a major development: Will Penguin saw useful clarity for compliant startups, while Thomas Hunt treated it as optics with little precedent value and Christoph Atlas emphasized the blow to crypto-only exchanges. On SEC rumors, Will and Christoph both warned against unverified reporting, while still seeing crypto securities platforms as obvious regulatory targets. On Apple Pay, CurrentC, and Bitcoin, Will, Christoph, and Thomas all landed on Bitcoin as the more open, flexible, and ultimately stronger payment architecture.

PessimisticMixedOptimistic
The panel saw U.S. regulation and centralized exchanges as ongoing hazards, but remained optimistic that Bitcoin's open, programmable structure and zero-knowledge design principles would outlast proprietary payment systems.

What they were watching

The episode did not center on Bitcoin price, but on regulatory and infrastructure signals: FinCEN letters, alleged SEC inquiries, merchant payment fragmentation, Cryptsy litigation, and Tor-related privacy research. Organic levels were mostly absent, though the discussion included hundreds of Bitcoin companies allegedly receiving SEC letters, a user lawsuit claiming millions lost, and the continuing emphasis that U.S.-based crypto infrastructure would be pushed offshore.

FinCEN Clarifies Money Transmission

The panel opened with FinCEN letters stating that virtual currency payment systems and platforms may be money transmitters. Will Penguin said many companies had already adjusted or incorporated offshore, but that clarity helped compliant startups move forward. Thomas argued the letters changed little legally, while Christoph emphasized that treating crypto-only exchanges as money transmitters could push anonymous exchange activity out of the United States.

Brain Drain and Offshore Exchanges

The panel connected FinCEN's position to a longer trend of Bitcoin businesses avoiding U.S. jurisdiction. Will said the brain drain had begun in 2013, not this week. Thomas predicted that anonymous crypto-to-crypto exchanges would not be American in the future.

SEC Letters and Crypto Securities

The episode then turned to reports of SEC letters sent to Bitcoin companies. Will said the story looked murky, with major 2.0 projects publicly saying they had not received letters and warrant-canary-type signals not being triggered. Christoph warned that the rumor appeared to come through private channels without solid substantiation and criticized Bitcoin media for amplifying unverified claims.

Crypto Stocks in the Crosshairs

The exit question asked whether Counterparty or Crypto Stocks faced more regulatory danger. Will chose Crypto Stocks, partly because Counterparty had Overstock and Patrick Byrne as a powerful ally. Christoph agreed, noting that Crypto Stocks used the language of shares, stocks, and IPOs directly in its interface, making it a natural SEC target.

Bitcoin Not Bombs Hoodies

Thomas promoted Bitcoin Not Bombs' annual Hoodies for Homeless program, where each purchased hoodie funded another hoodie for someone homeless. The segment briefly returned the show to Bitcoin's older activist charity culture. Christoph praised the new site and pointed out its Silk Road pin.

Apple Pay Versus CurrentC

The panel discussed CVS and Rite Aid disabling NFC payments in order to support the retailer-backed CurrentC system. Will argued that the conflict between Apple Pay's NFC and CurrentC's QR codes left room for Bitcoin, which could support multiple interfaces and avoid proprietary lock-in. Thomas saw both sides doing Bitcoin's marketing: Apple teaching people to close their wallets, CurrentC teaching them to scan QR codes.

Bitcoin as the Middle Way

Christoph framed Bitcoin as programmable money built on an open system, unlike slow proprietary payment platforms developed in secret. Will said Bitcoin worked across devices, was cheaper to deploy, and carried a stronger security model than Apple Pay or CurrentC. The panel's conclusion was direct: Apple Pay and CurrentC could normalize mobile payment, but Bitcoin remained the actual open currency.

Matonis Leaves the Foundation

In the grab-bag segment, Will chose Jon Matonis resigning from the Bitcoin Foundation and Patrick Murck taking over. He acknowledged community criticism of Foundation leadership while also giving Matonis credit for enduring an unusually chaotic period. Christoph praised Matonis as an important voice for financial privacy and wondered how the Foundation's privacy agenda would change without him.

Cryptsy Sued and Custody Risk

Thomas and Christoph both used the Cryptsy lawsuit as a custody warning. Thomas repeated his counter metaphor: an exchange is where you place money briefly to exchange it, not where you leave it sitting. Christoph warned that even a small lawsuit could trigger fear, withdrawals, and a spiral if an exchange had been relying on customer balances too casually.

Zero Knowledge and Bitcoin Over Tor

In stories of the week, Will called for zero-knowledge architectures in Bitcoin software so users would not have to trade privacy for convenience. Christoph discussed research showing that Bitcoin over Tor could be attacked by abusing Bitcoin's denial-of-service protections and controlling Tor exit nodes. He described an Open Bitcoin Privacy Project tool meant to monitor the Bitcoin network's relationship with Tor and detect such attacks.

the brain drain began a long time ago.— Will Penguin
It's a tale told by an idiot full of sound and fury signifying nothing.— Thomas Hunt
I wish that Bitcoin journalists could learn to hold off on spreading these rumors— Christoph Atlas
Apple Pay, currency or Bitcoin— Thomas Hunt
there is no king of Bitcoin.— Christoph Atlas
zero knowledge for the win.— Will Penguin

Story of the Week

FinCEN Draws the Money Transmitter Line

The dominant story was FinCEN's clarification that virtual currency payment systems and platforms could be money transmitters. Will Penguin argued that this was not the start of the brain drain, because many companies had already incorporated offshore or designed around U.S. requirements. Thomas saw the letters as mostly a confirmation of what was already known: crypto-financial companies in the United States would face the money-transmitter regime. Christoph sharpened the point by noting the significance for crypto-only exchanges, where FinCEN's stance collided awkwardly with the IRS's own framing of virtual currency.

the brain drain began a long time ago.— Will Penguin
The week left U.S. regulators drawing boxes, retailers breaking their own payment rails, and Bitcoin still waiting outside with a QR code and no king.
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