Once they descended into coal mines, miners would tug a caged canary with them. The poisonous gasses, significantly carbon monoxide, that collect in those parks and pose a horrendous menace to miners, would blast the canaries sooner than the miners. This knowledge made them acutely aware of the chance, enabling them to evacuate sooner than it was once too overdue.
On Would possibly 14, 2024, Alexey Pertsev, a tool developer who constructed an open-source instrument to saving on-line privateness, was once discovered responsible of cash laundering and sentenced to greater than 5 years in jail via a Dutch court docket.
Within the court docket’s resolution, please see can also be learn: “The tool developed by the suspect and his co-authors combines maximum anonymity and optimal concealment techniques with a serious lack of identification functionalities. Therefore, the tool cannot be characterized as a legitimate tool that has been inadvertently used by criminals. By its nature and operation, the tool is specifically intended for criminals.”
In search of to saving one’s privateness is thus at worst evidence of criminal activity, at best possible complicity in a criminal offense. A threshold has been crossed.
Sadly, it’s most likely that this situation will generate tiny empathy and pastime, as the individual concerned labored within the crypto business, and the instrument advanced, Twister Money, was once supposed to saving transaction confidentiality.
Alternatively, it could be a grave mistake to imagine this an independent incident restricted to a fledgling business for which the population has tiny affection.
That is our canary within the coal mine.
It has prevented making a song and is death. If we don’t react, the entire miners will perish. Cryptos are an early and obtrusive revealer of an insidious phenomenon that has been eroding our liberate democracies for approximately thirty years and is attaining some degree of deny go back.
In spite of the inadequency of proof in their effectiveness, monetary surveillance measures proceed to be often strengthened, defying all democratic regulations and necessities: the primacy of secrecy, self-government as a norm, the main of proportionality of rights obstacles, technological neutrality, presumption of innocence… Preemptive regulate previous to any offense turns into the norm, the enforcement of regulation turns into selective and arbitrary, reserve account closures tug at the look of censorship and monetary suffocation, and trait rights are lowered to a trifling shade.
The combat in opposition to cash laundering and terrorist financing has degenerated into collective hysteria significance of authoritarian and even totalitarian regimes, to the purpose of criminalizing a basic and constitutional proper: privateness. The well-known American pc engineer Phil Zimmermann warned us in 1991: “if privacy is outlawed, only outlaws will have privacy.”
A long way from being a “crypto” factor, this shift clear of liberate liberty considerations everybody. There are various examples in regimes recognized for his or her liberty, spanning from Republic of India to the UK, and from Canada to France.
Notice: If the crypto phase does now not pastime you, you’ll be able to walk at once to phase II.
I. Courses from the Canary
1. America Comes to Itself
Lower than a occasion in the past, the arrest of the Twister Money builders had already legitimately brought about relatively a stir. However the scope of the case, restricted to the crypto global, perceived as a den of terrorists and cash launderers, had briefly confined the indignation to a petite workforce of insiders.
In April 2024, American and Eu population government, emboldened via this luck, persisted to go ahead in a being concerned course.1
A number of occasions came about virtually concurrently. The arrest of the builders of the Bitcoin pockets builders of Samourai Pockets, via the FBI in cooperation with the IRS (the American tax authority), with the responsible cooperation of Eu government, kicked issues off. Their crime could be to have “conspired to launder money” and to have “operated an unlicensed money transfer business”.2 They face twenty years’ imprisonment for the primary price and 5 years for the second one. By means of comparability, the utmost irreducible date sentence in France is 30 years.
Following this was once an FBI understand3 urging all American citizens to not importance “money transmitting businesses” that don’t bind their id and don’t seem to be registered. And the Federal Bureau persisted via threatening to freeze all price range that have been combined with price range bought via unlawful manner.
To raised perceive the absurdity of such a statement via the FBI, allow us to transpose the reasoning into the bodily global, and spotlight two main problems.
The primary considerations the accusation of working an unlicensed cash switch industry.
Samourai Pockets is an organization that gives Bitcoin wallets with enhanced transaction privateness. It does now not function transactions to the behalf of its purchasers; it supplies the pockets tool. Within the bodily global, their similar could be a leather-based craftsman who crafts leather-based wallets enabling their customers to gather money. He facilitates money control however has deny say in how the pockets homeowners spend their money.
Right here, the U.S. federal services and products conflate and collection in combination a massive reserve that operates transactions to the behalf of its purchasers and a leather-based craftsman, preserving the last chargeable for how his purchasers importance their money.
How some distance are we able to travel with this series of reasoning? To ATMs? To the nation on the Central Attic who print those expenses? To the lumberjacks who assemble the log impaired for the paper of the expenses?
In a similar way, will have to we accumulation a wood worker chargeable for what his purchasers make a decision to place within the furnishings they produce? Or an architect if the home they manufacture finally ends up being impaired for drug trafficking?
It briefly turns into obvious that this conflation is totally absurd. A pockets writer isn’t chargeable for what the pockets proprietor makes a decision to do with the cash saved in it. Being a part of the money or money reserve price chain will have to certainly not indicate duty for its ultimate importance, as there is not any restrict to this reasoning.
This query was once in fact raised twenty years in the past referring to peer-to-peer exchanges, which enable more than one nation to interchange knowledge at once in a decentralized way. This verbal exchange protocol and the tool that permit it are now and again impaired to dedicate offenses, specifically in opposition to highbrow trait rights. Alternatively, in spite of makes an attempt to criminalize the instrument itself4, Eu5 and American6 courts have dominated in partiality of technological neutrality, pointing out that the tool in query permits each criminal and unlawful exchanges and that their suppliers don’t seem to be chargeable for the importance made via 1/3 events. The case regulation nearest targeted at the duty of every particular person thinking about a doubtlessly criminal activity, acquitting some people because of inadequency of proof in their legal intent7. Those judicial answers are patently in series with the traditional workout of basic rights.
The second one factor lies within the blackmail of capitaltreasury blocking off.
Cold any cash combined with price range bought via unlawful manner could be similar to arresting any individual whose expenses, whether or not of their leather-based pockets or patch, have handed throughout the mistaken fingers.
In 2009, a school find out about coated via CNN confirmed that 90% of American greenback expenses elevate strains of cocaine, and as much as 100% in some main towns8. This is helping us higher perceive the absurdity of the FBI’s blackmail: virtually the entire money on the earth has already handed throughout the mistaken fingers. Must all money holders be imprisoned? After all now not.
Following those absurd coercive movements, on 26 April 2024, the USA Lawyer for the Southern District of Unutilized York printed the federal government’s rationale in opposition to Roman Hurricane9, the top developer of the privateness tool Twister Money. The writer insists, taking into account Twister Money as a “money transmitting business.”
Consistent with this argument, “the definition of “money transmitting” in Section 1960 does not require the money transmitter to have ‘control’ of the funds being transferred. […] For instance, a USB cable transfers data from one device to another […].”
An overly vast definition of a “money transmitting business” that will even come with USB cables, in step with their very own admission. At this fee, the query will quickly turn out to be “who is not a money transmitter?”
Right here, the DOJ (Segment of Justice) is so enthusiastic that it is going in opposition to the tips supplied via FinCen (Monetary Crime Enforcement Community, a bureau of the U.S. Treasury Segment). In alternative phrases, the U.S. executive does now not consider itself, which signifies a definite uneasiness.
In 2013, FinCen defined that tool builders weren’t “money transmitters” (“The production and distribution of software, in and of itself, does not constitute acceptance and transmission of value, even if the purpose of the software is to facilitate the sale of virtual currency.”10).
In 2019, following an inquiry referring to positive programmable options on Bitcoin (While-locked and multi-signature), FinCen reiterated that the partiality regulate that may be exercised via pockets builders was once now not ample to qualify them as “money transmitters” (“the person participating in the transaction to provide additional validation at the request of the owner does not have totally independent control over the value.”11).
2. Europe on the Leading edge of an Intolerant Shift
Past the opportunistic {qualifications} of numerous events and to go back extra merely to the best way the regulation will have to be carried out in a liberate liberty, let’s recall that cryptocurrency transfers are transfers of digital communications in step with the definition supplied via Eu Union regulation12.
Additionally, cryptocurrencies like Bitcoin or Ethereum permit for the change of communications that may be certified as correspondences (the probabilities of change don’t seem to be restricted to financial devices). Digital communications are secure via the proper to privateness and private information coverage, and a limitation corresponding to lifting confidentiality or blocking off can simplest be i’m right if it will be important for the efficient pursuit of an outlined goal, in a strictly proportionate way, specifically when it comes to a confirmed offense and individually dedicated via the person whose verbal exchange is restricted.
The Court docket of Justice of the Eu Union has additionally dominated on this sense, taking into account that the systematic research of communications, even if imaginable, infringes at the basic proper to the security of customers’ non-public information, in violation of the Constitution of Elementary Rights of the Eu Union. The Court docket specifies that an injunction to cancel communications that doesn’t distinguish “between illegal and legal content […] could result in the blocking of communications with legal content” and thus infringe at the self-government of accentuation and verbal exchange13. Relating to cryptocurrency transfers, we will additionally invoke an infringement at the proper to trait.
It’s due to this fact impossible, in a liberate liberty, to invite a personal actor to cancel transactions or alternative sorts of communications with out being positive in their illegality.
We will observe any other handy schizophrenia at the a part of the American government, which Lyn Alden aptly summarizes via relating to “Schrödinger’s Currency”14: Bitcoin is thought of as as a forex simplest when it permits for the prosecution of people. The remainder of the hour, this can be a speculative instrument to which this qualification is denied. Certainly, to use the definition of “money transmitter,” it will be important to imagine that what’s being transmitted (bitcoins) is certainly cash. To the purpose that the federal government argues that “Bitcoin clearly qualifies as money” to deliver to prosecute Roman Hurricane.
Europe often engages on this distortion as smartly, as I had already proven within the justification invoked to incorporate “crypto-assets” within the TFR legislation. Cryptos have certainly seemed in a textual content that in the past focused solely “banknotes and coins, scriptural money, and electronic money.” However to mention that Bitcoin is a forex…
Additionally, in Europe, coincidentally, a untouched legislation was once voted on April 25 enforcing untouched monetary constraints, nonetheless with the laudable goal of fighting cash laundering15.
Some of the constraints, we will specifically observe a €10,000 money fee restrict throughout Europe, but additionally the requirement for virtual asset carrier suppliers (DASPs) to bind much more details about their purchasers, together with for transactions beneath €1,000, and for private wallets, referred to as “self-custodial,” “self-hosted,” or “un-hosted,” i.e., now not controlled via a monetary middleman to the behalf of 1/3 events. The leather-based wallets of the virtual global.
A petite digression into Newspeak right here: via enforcing the terminology “self-hosted” or “un-hosted,” regulators and legislators are looking to put in force the view that third-party custody is the norm, and self-custody is the exception. That is clearly a perilous and insidious view, suggesting that in need of to retain one’s personal cash is suspicious, despite the fact that it is a part of the traditional workout of freedoms. There aren’t any “un-hosted” or “self-hosted” wallets. There are simply wallets, duration. And there are 1/3 events who accumulation wallets to the behalf of others.
Turning back the textual content, let’s casually observe that it’s specifically exact and imposes know-your-customer (KYC) necessities for transactions beneath €1,000 simplest on DASPs, exempting banks and alternative monetary establishments, which take care of some distance better volumes than DASPs. The proportionality of this quantity and this discrimination isn’t i’m right.
As well as, there’s a oppose on supporting enhanced privateness cryptocurrencies. Allow us to recall right here that ancient commodity monies (gold, silver, copper, bones, and so on.) are nameless, as continues to be money lately. The oppose is due to this fact inequitable and moves beneath the pretext of its digital nature. It’s once more unjustified, despite the fact that it unacceptably hinders the traditional workout of a self-government since we’re speaking about its outright extinction (this sort of disproportion isn’t admitted via the Eu Court docket of Human Rights16).
As up to now discussed, these kind of movements are extraordinarily problematic in different admires.
First, as a result of those constraints are according to deny rational reasoning or related justification and are merely the results of paranoia connected to cryptos, coupled with a KYC fashion (Know Your Buyer, the client identity processes imposed on monetary establishments) that has been increased to a faith in spite of the inadequency of convincing effects over a number of many years. 2d, as a result of they omit the necessities for the security of basic freedoms on which the Eu Union was once constructed and to which it’s matter. 3rd, as a result of they’re counterproductive, that means they build untouched blackmails, the aftereffects of that are increasingly more unfortunate.
3. An Unfounded Paranoia
Just about all texts coping with the “necessary” legislation of “crypto-assets” have unwanted medical and criminal rigor to the purpose of by no means proving the preliminary statement from which their reasoning begins: “cryptos are a good means to facilitate money laundering.”
To realize this, one simplest wishes to investigate the entire texts at the matter issued lately. That is an workout I’ve already accomplished for the TFR textual content17. Certainly, within the “proportionality” paragraph of the proposed modification to the legislation, there’s a petite word indicating that, in step with the opinion of EU surveillance government, “specific” risk-increasing components had been recognized relating to cryptos.
Why is proportionality a particularly impressive concept in a atmosphere ruled via the guideline of regulation?
For the reason that adequacy of a legislative same old or software to the pursued goal, i.e., the stability between the infringement on a proper and the overall pastime, is admittedly a very powerful to keep away from authoritarian and liberty-infringing drifts. One can not conceal in the back of an goal, then again commendable, to impose disproportionate restrictions on rights.
For instance, one would possibly suppose that via putting in a policeman in everybody’s house, crime could be lowered. The target is also regarded as laudable, however the person rights that will be compromised within the procedure constitute an rejected aid in freedoms. Thus, folk makes a decision to live through doubtlessly upper crime charges (matter to the hazards to freedoms generated via surveillance itself) to deliver to saving the guideline of regulation and basic freedoms, with out which liberty can not exist.
Conversely, the prohibition of alcohol past riding is a restriction that may be regarded as proportionate: alcohol intake isn’t opposed, however it’s opposed in statuses the place its intake is systematically bad for oneself and others. The affects of such regulation can also be monitored via gazing the choice of injuries, for instance. A proper has been limited, undoubtedly, however the normal pastime prevails for the reason that effectiveness of the measure in terms of an impressive goal (the preservation of date) can also be demonstrated, and the infringement on rights is minimized via proscribing the limitations up to imaginable.
In a liberate liberty, self-government is the norm and constraints the exception. It’s as much as the atmosphere, when it needs to limit a self-government, to show that it does now not travel additional than essential to succeed in its goal and that this goal is successfully accomplished18. Moreover, the atmosphere is obliged to undertake norms to safeguard that each one individuals and establishments, each population and personal, recognize this rule19.
Within the case handy (cash laundering and terrorist financing), and in spite of the statement that “supervisory authorities have identified specific risk factors,” when one performs the detective wishing to track again to the supply, one realizes that the opinion in query, courting from 2019, itself admits that the so-called “competent authorities” don’t have the “knowledge and understanding of these products and assets, which prevents them from carrying out a proper impact assessment.”20
It additionally deflects via relating to any other opinion (sic) from the Eu Banking Authority, which dates again to… 2014. On this “original” opinion, we discover a in lieu laconic research: “the phenomenon of Virtual Currencies being assessed has not existed for a sufficient amount of time for there to be quantitative evidence available of the existing risks, nor is this of the quality required for a robust ranking.”21
In alternative phrases, the TFR legislation, enforcing tracking of all crypto transfers from one supplier to any other, was once constructed at the foundation of 2 studies. One document mentioned that there was once deny proof to qualify or quantify the hazards, past the alternative admitted that competent government lacked the data and figuring out to habits an research.
Subsequently, concluding the paragraph at the “proportionality” of the TFR legislation via pointing out that “In accordance with the principle of Proportionality as set out in Article 5 of the Treaty on European Union (TEU), this regulation does not exceed what is necessary to achieve its objectives” is questionable at best possible. For the reason that dangers don’t seem to be assessed, it kind of feels tough to signify the restriction of rights as “proportionate.”
In his combat in opposition to FINMA, Alexis Roussel made the similar remark for Switzerland. The Swiss Nationwide Possibility Review (NRA) of 201822 referring to cash laundering dangers in crypto signifies, from its first actual sentence, that deny circumstances of terrorism financing connected to crypto had been recognized, and simplest uncommon circumstances of cash laundering. Alternatively, the following remark recommends classifying those resources as “high-risk” via their very nature. In particular, because of this a crypto transaction, even of €10, carries the similar stage of menace as a €100,000 switch to an account in Russia. This equivalence is established with out democratic processes in Switzerland and with none proof.
The 2024 NRA23 does now not appear to have made a lot advance and nonetheless admits to missing information to evaluate dangers.
We will obviously see a development emerge: anti-money laundering rules and increasingly more stringent information assortment necessities are imposed with out reliable foundation or factual information to justify their implementation.
A extra complete evaluation has been supplied via L0la L33tz in Bitcoin Album24, permitting us to complement this stock of breaches of probably the most unadorned rigor in Europe, in addition to via sister establishments of Bretton-Timbers, the IMF, and the Global Attic, that are true compasses for international decision-makers.
For instance, in 2023, the once a year document for 2021 from the Eu Union’s FSRB (the Eu department of the Monetary Motion Process Pressure, FATF)25, an intergovernmental workforce established in 1989 to fight cash laundering and terrorism financing, was once exempted.
The document starts with please see quote: “It is well known that money launderers have abused cryptocurrencies, initially to transfer and conceal profits generated from drug trafficking. Nowadays, their methods are becoming increasingly sophisticated and on a larger scale.”
Sadly, initiation a controversy with “it is well known” reads the similar as an essay that starts with “Throughout history, mankind”: it does now not exude the rigor of thorough analysis.
The document itself admits {that a} find out about might be devoted in 2022 to inspecting cash laundering developments in cryptocurrencies, suggesting that it didn’t exist on the hour of writing the document, announcing as an detectable fact what had by no means been studied.
This document devoted to the find out about of cash laundering developments in cryptocurrencies has certainly been printed26, however it focuses now not at the phenomenon itself however in lieu at the research of the implementation of rules. Rules that, it’s importance noting, are according to unproven cash laundering.
In regards to the find out about of information and the ground, the document curiously notes that the danger evaluation “lacks depth.” It additionally observes that almost all of regulators inadequency the gear and experience essential to successfully analyze and examine circumstances of cash laundering and terrorism financing connected to “virtual assets.”
The find out about additionally takes the similar shortcut because the aforementioned Swiss research: discovering only a few circumstances of cash laundering involving digital resources, it prefers to conclude that this is because extra legislation is wanted, in lieu than taking into account that cash laundering isn’t overrepresented in those resources.
As for the IMF, it’s deny higher: the original document on population insurance policies connected to crypto-assets (September 2023)27 issues out the inadequency of knowledge on cash laundering and terrorism financing dangers, pointing out that “such impacts have not been specifically studied in relation to crypto-assets.”
The IMF’s World Monetary Steadiness Document for 202428 depends upon Chainalysis figures and proposes the determine of $1.1 billion gained in cryptocurrencies for ransomware globally, which is not up to 0.07% of the crypto marketplace capitalization.
The IMF’s dual establishment, the Global Attic, does now not considerably vary from the aforementioned perspectives. In a 2023 document the establishment signifies that the problem of “Virtual Assets” was once now not addressed within the Possibility Review and shouts on population government and corporations to serve extra information referring to those resources.
In its cash laundering-related publications for 202030 and 202231 the Global Attic merely makes deny point out of cryptocurrencies. In its articles32 33 on crypto adoption, the Global Attic simply sidesteps the problem via redirecting to FATF papers.
We’ve come complete circle: studies cite every alternative, inquiring for extra readability at the figures, however no person ever conducts the find out about itself. We depend on FATF, an unelected frame, now not matter to the principles of a decent liberty, particularly referring to proportionality, as I discussed previous.
The target is not to permit a proportionate combat in opposition to cash laundering however to lift the criteria of controls each and every occasion, forgetting the explanation why those controls had been carried out within the first park.
Additionally, monetary establishments importance the time period “compliance” to emphasise the truth that they agree to the predicted regulate requirements. The targets of potency and proportionality are not at stake. There’s no uncertainty that if FATF beneficial striking a policeman in the back of each and every pc, legislators would scurry to transpose this “best practice” into regulation…
It’s now not even mysterious. Within the legislation voted on April 24 via the Eu Union34, the justification for enforcing untouched requirements on crypto firms is admittedly now not excited by fighting cash laundering and its effectiveness. Certainly, since MiCA has now not even entered into power but, and the difference of the TFR textual content to cryptos may be very fresh, how may just we habits a posteriori research of the effectiveness of measures that experience now not but had an impact and most likely pass judgement on that they wish to be bolstered?
The reasoning in the back of the beneficial of controls is in reality a lot more practical: “Due to rapid technological developments and the advancement in FATF standards, it is necessary to review that approach.”
It’s not the evolution of the blackmail, its evaluation, the manner impaired via criminals, or the result of a find out about, and so on., however in lieu the development in FATF requirements that leads Europe to align itself.
And the nearest steps are already laid out: “At the same time, advances in innovation, such as the development of the metaverse, provide new avenues for the perpetration of crimes and for the laundering of their proceeds.”
Day probably the most widespread metaverses are nonetheless within the experimental degree and infrequently see a couple of hundred nation connecting concurrently, and because the hype subsides, they’re already being mentioned as not anything not up to “avenues” for cash laundering.
If you happen to’re on the lookout for numbers and analyses, glance in different places. The imposition of spare surveillance requirements is based extra on ideals and perceptions than on information as a result of nobody dares to cancel as a policymaker, risking being equated with a supporter of terrorism or cash laundering. It’s due to this fact a real faith, one who turns into virtually unattainable to query at its core.
The virtual transition has been a great deal really useful for states: with the wish to be banked to make the most of monetary globalization, chief to the omnipresence of banks, the choice of doable goals to observe has greatly lowered, till it ended up relating to just a handful of banks. The transition from a global wherein everybody held their money at house to at least one the place, a minimum of within the OECD, banking is the norm, includes an inevitable monetary intermediation.
On this regard, Bitcoin was once a plethora serious warning call as it means that all of the monetary legislation of the week 30 years is out of date, as it’s according to an supposition this is not legitimate, particularly the desire for a monetary middleman to habits transactions within the virtual global.
In the next day to come’s global the place firms will produce wallet-to-wallet bills, who will carry out KYC? Can we simplest notice the absurdity of the fashion when part the planet is operating to observe the alternative part?
Bitcoin shakes the very foundations of anti-money laundering efforts. And in lieu than wondering the legislation and its relevance, each when it comes to effectiveness and when it comes to recognize for basic freedoms, we favor the trail of blindness, which results in proscribing the importance of a technologically impartial instrument via arbitrarily impeding innovation, the proper to trait, and the security of change confidentiality, the significance of which for liberty, significantly via encryption of exchanges, has just lately been reaffirmed via the Eu Court docket of Human Rights35.
Bitcoin is a canary within the mine. A sign that one thing is slipping clear of us, now not relating to cryptocurrencies, however in regards to the basic freedoms of all electorate, threatened via monetary surveillance.
[1] https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:RBOBR:2024:2069
[2] Phil Zimmermann, Why I Wrote PGP, https://www.philzimmermann.com/EN/essays/WhyIWrotePGP.html
[3] François Sureau additionally alerted us on this regard: “This adds nothing to the fight against terrorism. On the contrary, it gives him a victory without a fight, by showing how fragile our principles were. François Sureau, Pour la liberté — Répondre au terrorisme sans perdre la raison, Tallandier, Essais, 2017, p.11.
[4] This tends to prove Satoshi Nakamoto right, who wrote on bitcointalk on December 11, 2010, “WikiLeaks has kicked the hornet’s nest, and the swarm is headed towards us.”. He discusses the surprising consideration Bitcoin is receiving following Wikileaks’ announcement that they might settle for bitcoin donations. For Satoshi, this consideration become a risk, and this message might be certainly one of his ultimate sooner than disappearing and protecting his anonymity.
[5] US Lawyer’s Place of business Southern District of Unutilized York, Founders And CEO Of Cryptocurrency Blending Provider Arrested And Charged With Cash Laundering And Unlicensed Cash Transmitting Offenses, 2024 https://www.justice.gov/usao-sdny/pr/founders-and-ceo-cryptocurrency-mixing-service-arrested-and-charged-money-laundering
[6] FBI, Alert on Cryptocurrency Cash Products and services Companies, 2024, https://www.ic3.gov/Media/Y2024/PSA240425
[7] Voir par ex. Florent Latrive, Téléchargement : les logiciels P2P menacés d’interdiction, 3 mai 2006, https://www.liberation.fr/futurs/2006/05/03/telechargement-les-logiciels-p2p-menaces-d-interdiction_37994/ ; Estelle Dumout, Vers une interdiction des logiciels peer-to-peer n’intégrant pas de DRM ?, 1 novembre 2005, https://www.zdnet.fr/actualites/vers-une-interdiction-des-logiciels-peer-to-peer-n-integrant-pas-de-drm-39286440.htm.
[8] Voir par ex. The Kazaa Ruling: What It Way, 2 avril 2002, https://www.wired.com/2002/04/the-kazaa-ruling-what-it-means/ ; Christophe Guillemin, L. a. Cour de cassation néerlandaise confirme l. a. légalité de Kazaa, 22 déc. 2003, https://www.zdnet.fr/actualites/la-cour-de-cassation-neerlandaise-confirme-la-legalite-de-kazaa-39134304.htm.
[9] Gérard Glaise, L. a. responsabilité des distributeurs de logiciels de peer-to-peer : l’exemple du canari dans l. a. mine?, 14 oct. 2004, https://www.droit-technologie.org/actualites/la-responsabilite-des-distributeurs-de-logiciels-de-peer-to-peer-lexemple-du-canari-dans-la-mine/.
[10] Lionel Thoumyre, Peer-to-peer : un « audiopathe » partageur relaxé pour bonne foi, 17 juillet 2006, https://www.juriscom.net/wp-content/documents/da20060717.pdf.
[11] Madison Ground, 90 p.c of U.S. expenses elevate strains of cocaine, https://edition.cnn.com/2009/HEALTH/08/14/cocaine.traces.money/
[12] Damian Williams, The Executive’s Opposition To Defendant Roman Hurricane’s Pretrial Motions, 2024, https://storage.courtlistener.com/recap/gov.uscourts.nysd.604938/gov.uscourts.nysd.604938.53.0.pdf
[13] FinCen, Utility of FinCEN’s Rules to Digital Forex Instrument Construction and Positive Funding Task, 2014, https://www.fincen.gov/resources/statutes-regulations/administrative-rulings/application-fincens-regulations-virtual
[14] FinCen, Utility of FinCEN’s Rules to Positive Industry Fashions Involving Convertible Digital Currencies, 2019, https://www.fincen.gov/sites/default/files/2019-05/FinCEN%20Guidance%20CVC%20FINAL%20508.pdf
[15] Directive 2018/1972 établissant le Code des communications électroniques européen, artwork. 2.
[16] Cour de Justice de l’Union européenne, Communiqué de presse n° 126/11, 24 nov. 2011, à propos de l’affaire Scarlet Prolonged SA, https://curia.europa.eu/jcms/upload/docs/application/pdf/2011-11/cp110126fr.pdf.
[17] https://twitter.com/LynAldenContact/status/1784304037430456383
[18] Anti-Cash Laundering Law EU, 2024, https://www.europarl.europa.eu/doceo/document/TA-9-2024-0365_EN.pdf
[19] Jeremy McBride, , « Proportionality and the Eu Conference on Human Rights », in The main of Proportionality within the Rules of Europe, éd. Evelyn Ellis, Hart Publishing, 1999, p. 25 ; Cour EDH. Hertel c. Suisse, 25 août1998, §50, https://hudoc.echr.coe.int/?i=001-62778.
[20] https://twitter.com/StachAlex/status/1776914160355303883
[21] Groupe de travail « Article 29 », avis 01/2014, n°3.26 (et jurisprudence citée).
[22] Cour EDH, X. et Y v. Will pay Bas, 26 mars 1985, https://hudoc.echr.coe.int/?i=001-62162.
[23] Joint Opinion of the Eu Supervisory Government at the dangers of cash laundering and terrorist financing affecting the Eu Union’s monetary sector, 2019, https://register.eiopa.europa.eu/Publications/Joint%20Opinion%20on%20the%20risks%20on%20ML%20and%20TF%20affecting%20the%20EUs%20financial%20sector.pdf
[24] EBA Opinion on ‘virtual currencies’, 2014, https://extranet.eba.europa.eu/sites/default/documents/files/documents/10180/657547/81409b94-4222-45d7-ba3b-7deb5863ab57/EBA-Op-2014-08%20Opinion%20on%20Virtual%20Currencies.pdf?retry=1
[25] Federal Segment of Justice and Police of Switzerland, Nationwide Possibility Review (NRA):Possibility of cash laundering and terrorist financing posed via crypto resources and crowdfunding, 2018, https://www.sif.admin.ch/dam/sif/en/dokumente/Integrit%C3%A4t%20des%20Finanzplatzes/nra-bericht-krypto-assets-und-crowdfunding.pdf.download.pdf/BC-BEKGGT-d.pdf
[26] Federal Segment of Justice and Police of Switzerland, Nationwide Possibility Review (NRA) Possibility of cash laundering and the financing of terrorism via crypto resources, 2024, https://www.newsd.admin.ch/newsd/message/attachments/86329.pdf
[27] Lola Leetz, EU Parliament Adopts AML Rules Regulating Bitcoin In accordance with Questionable Suppositions, 2024 https://bitcoinmagazine.com/legal/eu-parliament-adopts-aml-laws-regulating-bitcoin-based-on-questionable-assumptions
[28] Council of Europe, Annual Document 2021 MoneyVal, https://rm.coe.int/0900001680aad1fc
[29] Council of Europe, Cash Laundering And Terrorist Financing Dangers In The Global of Digital Property, 2023, https://rm.coe.int/0900001680abdec4
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