Peter Van Valkenburgh

All articles by Peter

The IRS’ midnight broker rule still targets software providers with unfit and unconstitutional KYC requirements December 27, 2024

Coin Center’s Top Policy Priorities for 2025 December 17, 2024

Coin Center’s Analysis of the Crypto Policy Landscape Following the Elections November 21, 2024

Analysis: The disappointing denial of Tornado dev’s motion to dismiss October 8, 2024

Two victories in our fight against unconstitutional financial surveillance. August 12, 2024

What the heck happened last week? SEC Broker Enforcement, Treasury Broker Rule, and SCOTUS Broke Chevron. July 2, 2024

Senate Attaches Controversial Crypto Sanctions Bill to Must-Pass Intelligence Legislation June 10, 2024

DOJ’s New Stance on Crypto Wallets is a Threat to Liberty and the Rule of Law April 29, 2024

Coin Center files court brief in defense of Tornado Cash developer April 5, 2024

Amicus Curiae In Support of Roman Storm’s Motion to Dismiss April 5, 2024

Comments to the Financial Crimes Enforcement Network on “Proposal of Special Measure Regarding Convertible Virtual Currency Mixing, as a Class of Transactions of Primary Money Laundering Concern” January 22, 2024

Comments to the Consumer Financial Protection Bureau on “Defining Larger Participants of a Market for General-Use Digital Consumer Payment Applications” January 4, 2024

It’s time to have the conversation: Is the Bank Secrecy Act unconstitutional? November 15, 2023

Broad, Ambiguous, or Delegated: Constitutional Infirmities of the Bank Secrecy Act November 15, 2023

There’s a centuries-old standard that tells us when regulation of crypto is justified November 9, 2023

Comments to the Department of Treasury on “Gross Proceeds and Basis Reporting by Brokers and Determination of Amount Realized and Basis for Digital Asset Transactions” November 9, 2023

Treasury’s proposed ‘broker’ rules expand surveillance well beyond a ‘third party doctrine’ that’s already stretched thin September 14, 2023

New Tornado Cash indictments seem to run counter to FinCEN guidance August 23, 2023

When does a sanction become a seizure? Lessons from the KindHearts case August 15, 2023

Further Comments to the Securities Exchange Commission on Amendments Regarding the Definition of ‘Exchange’ and Alternative Trading Systems June 7, 2023

Treasury’s new DeFi risk assessment relies on ill-fitting frameworks and makes potentially unconstitutional recommendations April 7, 2023

A Snapshot of the Current Questions and Unsettled Policy Related to Cryptocurrency Taxation February 23, 2023

The Digital Asset Anti-Money Laundering Act is an opportunistic, unconstitutional assault on cryptocurrency self custody, developers, and node operators December 14, 2022

Tornado Cash is no “golem.” It’s a tool for privacy and free speech. October 26, 2022

Coin Center is suing OFAC over its Tornado Cash sanction October 12, 2022

Does the Merge change how Ethereum is regulated? (No.) September 15, 2022

How does Tornado Cash work? August 25, 2022

How does Tornado Cash actually work? August 25, 2022

Analysis: What is and what is not a sanctionable entity in the Tornado Cash case August 15, 2022

U.S. Treasury sanction of privacy tools places sweeping restrictions on all Americans August 8, 2022

Comments to the Department of Treasury Regarding Ensuring Responsible Development of Digital Assets August 3, 2022

A new Senate bill focuses on cryptocurrency exchanges. Here’s what developers and users should keep an eye on. August 3, 2022

Coin Center has filed a court challenge against the Treasury Dept. over unconstitutional financial surveillance June 11, 2022

A new SEC proposal has a serious change hidden within its complex language. April 14, 2022

Comments to the Securities Exchange Commission on Amendments Regarding the Definition of ‘Exchange’ and Alternative Trading Systems April 14, 2022

New crypto sanctions bill targets publishing code, facilitating transactions March 17, 2022

Coin Center amicus brief in Jarrett v U.S. March 15, 2022

Comments to the Thirty-First Legislature (2022) of the State of Hawaii on S.B. No. 3076 relating to special purpose digital currency licensure and S.B. 3025 relating to digital currency licensing program February 10, 2022

IRS signals retreat in court battle that could reshape block reward taxation February 3, 2022

New bill would hand Treasury blank check to ban crypto at exchanges January 26, 2022

How policymakers should think about “staking” January 24, 2022

What is “staking”? January 24, 2022

The long-awaited FATF crypto guidance is not as bad as it could have been, but still flawed October 28, 2021

Open Blockchains and Decentralized Identity Standards September 28, 2021

Proposals for Clarifying Laws Around Cryptocurrency and Blockchain Technologies in Response to Requests for Feedback from Senator Pat Toomey September 28, 2021

An unworkable and arguably unconstitutional tax change tucked away in the infrastructure bill September 17, 2021

Understanding Bitcoin’s energy use June 9, 2021

“Expansive” standards for surveillance threaten human autonomy—our message to FATF April 20, 2021

Comments to the Financial Action Task Force on the March 2021 Draft updated Guidance for a risk-based approach to virtual assets and VASPs April 20, 2021

A quick analysis of FATF’s 2021 draft cryptocurrency guidance March 22, 2021

Coin Center uses additional time provided by FinCEN to file another comment in ongoing surveillance rulemaking March 15, 2021

Additional Comments to the Financial Crimes Enforcement Network on Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets March 15, 2021

Coin Center files second comment in FinCEN rulemaking challenging its authority to make the surveillance rule January 7, 2021

Join us in responding to an unfair and discriminatory midnight rulemaking December 22, 2020

Comments to the Financial Crimes Enforcement Network on Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets December 22, 2020

A Midnight Rule for Cryptocurrency Transaction Reports December 18, 2020

The Unintended(?) Consequences of the STABLE Act December 3, 2020

Comments to the Board of Governors of the Federal Reserve System and the Financial Crimes Enforcement Network on Changes to Threshold for “Travel Rule” Obligations October 29, 2020

There’s no such thing as a decentralized exchange October 3, 2020

Two new bills in Congress would clarify agency jurisdiction over cryptocurrency September 24, 2020

Are regulators poised to demand cryptocurrency address whitelisting? Probably not. August 31, 2020

The ideal regulatory environment for Bitcoin August 25, 2020

Congress to IRS: Proof-Of-Stake block rewards should not be taxed as income August 4, 2020

Comments to the Office of the Comptroller of the Currency on National Bank and Federal Savings Association Digital Activities August 3, 2020

Federal regulator: National banks can hold cryptocurrency July 22, 2020

Do anti-encryption bills in Congress pose a risk to cryptocurrency? July 15, 2020

What’s in the Bitlicense’s 5-year update? June 24, 2020

Without privacy, do we really want a digital dollar? April 30, 2020

How to trace a virus without surrendering our privacy April 8, 2020

On SEC vs. Telegram March 25, 2020

A bill focused on stablecoins has been introduced in Congress December 2, 2019

Coin Center has published a new plain English explainer on forks and airdrops to highlight ambiguities in recent IRS guidance. October 17, 2019

IRS Cryptocurrency guidance answers some questions while raising messy new ones October 9, 2019

Hard Fork October 9, 2019

This week’s EOS and Sia settlements with the SEC reinforce Coin Center’s 2016 policy recommendations. October 1, 2019

A national alternative to onerous state-by-state regulation of cryptocurrency intermediaries August 30, 2019

Don’t make these five common mistakes about blockchains and cryptocurrency. August 26, 2019

The differences between Bitcoin and Libra should matter to policymakers July 8, 2019

The upcoming FATF interpretive note is not doomsday for cryptocurrency June 20, 2019

Comment to Her Majesty’s Treasury on Transposition of the Fifth Money Laundering Directive June 10, 2019

FinCEN’s new cryptocurrency guidance matches Coin Center recommendations May 9, 2019

Coin Center analysis of SEC cryptocurrency guidance April 3, 2019

New regulation would effectively ban crypto exchanges in Mexico March 21, 2019

Brookings has published a report by former CFTC Chairman Timothy Massad on cryptocurrency regulation. March 19, 2019

Texas cryptocurrency bill threatens financial privacy March 13, 2019

The Constitution Protects Software Developers and Users from Surveillance Overreach March 7, 2019

Electronic Cash, Decentralized Exchange, and the Constitution March 7, 2019

Comments to the Commodity Futures Trading Commission in Response to the Request for Input on Crypto-asset Mechanics and Markets February 11, 2019

What can the EtherDelta settlement tell us about how decentralized exchanges are regulated? November 8, 2018

Writing and publishing code alone cannot be a crime October 29, 2018

The public internet needs public payments infrastructure October 11, 2018

The Comptroller of the Currency is making the case for a Federal Fintech Charter, a welcome alternative to state-by-state licensing for cryptocurrency and other payments companies. September 18, 2018

The Federal Reserve of St. Louis has published an excellent paper on payment systems and privacy. August 30, 2018

51% Attack August 22, 2018

An updated Framework for Securities Regulation of Cryptocurrencies August 10, 2018

Framework for Securities Regulation of Cryptocurrencies August 10, 2018

Understanding Bitcoin’s role in the Russia investigation July 17, 2018

What could “decentralization” mean in the context of the law? June 15, 2018

Principles for Clarifying SEC Jurisdiction over Cryptocurrencies and ICOs May 24, 2018

Why treating all tokens as securities would harm innovation May 23, 2018

SEC Commissioner doesn’t want to pick cryptocurrency winners and losers. May 7, 2018

Congressman Emmer stands up for cryptocurrency innovation and gets important regulatory clarification from the SEC. April 26, 2018

No, ether is not a security. April 23, 2018

SEC’s Clayton: Use of a token can evolve toward or away from being a security April 12, 2018

Comments to the Commodity Futures Trading Commission on the Proposed Interpretation on Virtual Currency “Actual Delivery” in Retail Transactions March 20, 2018

FinCEN raises major licensing problem for ICOs in new letter to Congress. March 6, 2018

Money Transmission Licensing is broken. Here’s how to fix it. February 6, 2018

Cryptocurrencies are far from unregulated February 5, 2018

The Need for a Federal Alternative to State Money Transmission Licensing January 30, 2018

Coin Center statement on Long Island money laundering arrest. December 14, 2017

How Bitcoin could drive the clean energy revolution. December 14, 2017

Munchee Settlement Puts the Utility Token Argument to the Test December 12, 2017

Good news: Ethereum’s CryptoKitties are probably not securities. December 5, 2017

Coin Center statement on IRS Coinbase order. November 29, 2017

How do token sales fit with securities regulations? November 14, 2017

What is “open source” and why is it important? October 17, 2017

The SAFT is a reasonable approach to securities law when preselling useful network tokens October 2, 2017

A token airdrop may not spare you from securities regulation. September 20, 2017

Visualizing Digital Currency Regulation State-by-state August 24, 2017

Coin Center amicus brief in U.S. v. Coinbase August 3, 2017

SEC hasn’t quashed blockchain innovation. Let’s keep it that way August 1, 2017

The Uniform Law Commission Has Given States a Clear Path to Approach Bitcoin July 27, 2017

The SEC today has said that some tokens can be securities. July 25, 2017

The ULC’s model act for digital currency businesses has passed. Here’s why it’s good for Bitcoin. July 19, 2017

The Bank Secrecy Act, Cryptocurrencies, and New Tokens: What is Known and What Remains Ambiguous May 20, 2017

Securities Laws Aren’t the Only Rules Token Sales Have to Consider May 20, 2017

What does it mean to issue a token “on top of” Ethereum? May 10, 2017

Sixth Letter to the Uniform Law Commission May 4, 2017

The CSBS is suing the OCC to stop the new special purpose national bank charter for fintech firms. April 26, 2017

What’s a blockchain, anyway? April 25, 2017

Amazon, Apple, Google, Intuit, and Paypal just asked Congress for a unified federal alternative to state money transmission licensing. April 18, 2017

Comments to the Office of the Comptroller of the Currency on Exploring Special Purpose National Bank Charters for Fintech Companies April 14, 2017

Comments to the Office of the Comptroller of the Currency on Exploring Special Purpose National Bank Charters for Fintech Companies April 13, 2017

California is back at it; a new (old) virtual currency licensing bill is pending in the Assembly. April 12, 2017

Congress should create a blockchain technology safe harbor. Luckily they already figured it out in the ’90s. April 6, 2017

The OCC has just taken another step toward a national fintech charter. March 15, 2017

New Coin Center report: How lawmakers can protect consumers without harming digital currency innovation. March 9, 2017

Fifth Letter to the Uniform Law Commission March 8, 2017

State Digital Currency Principles and Framework March 8, 2017

One of bitcoin’s best bets for sound regulation is about to wrap up. March 3, 2017

Fourth Letter on the Uniform Law Commission’s Uniform Regulation of Virtual Currency Businesses Act March 1, 2017

The hedge fund Numerai is going to issue its own cryptotoken, and this article nails the policy issues. February 21, 2017

North Dakota’s new money transmission bill fails to define “control” of bitcoins. February 14, 2017

ESMA issued their final DLT report but continues to underestimate open networks. February 9, 2017

Great news for bitcoin and other blockchain startups from Switzerland today. February 1, 2017

What does “permissionless” mean? January 31, 2017

Bitcoin innovators need legal safe harbors January 24, 2017

Things are looking up for Bitcoin’s biggest regulatory hurdle January 18, 2017

Comments to the Illinois Department of Financial and Professional Regulation in Support of the Proposed Digital Currency Regulatory Guidance January 18, 2017

Does it matter that different government agencies define Bitcoin differently? January 11, 2017

“Blockchain technology” is a buzzword with little meaning. Here’s what matters. December 14, 2016

Open Matters: Why Permissionless Blockchains are Essential to the Future of the Internet December 14, 2016

Zcash December 8, 2016

Is your cryptotoken a security? This new tool will help you find out. December 7, 2016

The OCC has decided to pursue the federal fintech charter for which we have been advocating. December 2, 2016

Comments to the Office of the Comptroller of the Currency on Receiverships for Uninsured National Banks November 14, 2016

This OCC rulemaking could a make a big difference for digital currency exchanges. November 14, 2016

An update from the recent Uniform Law Commission drafting meeting November 1, 2016

Third Letter on the Uniform Law Commission’s Uniform Regulation of Virtual Currency Businesses Act October 27, 2016

Appcoins October 18, 2016

New CFPB prepaid rules leave out Bitcoin, and that’s mostly a good thing. October 5, 2016

Could your decentralized token project run afoul of securities laws? September 19, 2016

Food for Thought: A Federal Safe Harbor for non-custodial cryptocurrency users September 7, 2016

Law enforcement is learning about the benefits of open networks. September 6, 2016

Comments to the European Securities and Markets Authority on its Consultation on Distributed Ledger Technology Applied to Securities Markets September 2, 2016

New California digital currency bill is a step backwards August 9, 2016

Neither the CFTC nor multi-sig are to blame for the Bitfinex hack August 3, 2016

A Florida court just dismissed a money laundering case and said that bitcoin isn’t “money.” July 25, 2016

Patents for an open source project sound scary, but it makes sense. July 22, 2016

The UK’s new blockchain welfare benefits trial has privacy advocates freaking out. July 14, 2016

DAOs: the internet is weird again, and these are the regulatory issues June 2, 2016

Why we need a federal fintech charter June 1, 2016

Slides from Consensus Workshop: Regulating the Blockchain May 18, 2016

Second Letter to the Uniform Law Commission March 29, 2016

When does a company actually control customer bitcoins? March 24, 2016

Why Bitcoin is not the root cause of ransomware March 3, 2016

Letter to the Uniform Law Commission February 26, 2016

No, FinCEN Policy is not Relevant to the Bitcoin Forking Debate February 15, 2016

Is Bitcoin a Security? January 25, 2016

What are Forks, Alt-coins, Meta-coins, and Sidechains? December 8, 2015

What last week’s European VAT ruling means for bitcoin fungibility October 29, 2015

Letter to Conference of State Bank Supervisors October 14, 2015

Released Today: Updated State Digital Currency Principles and Framework October 7, 2015

Freshly Unveiled CSBS Model Regs: Good Goals, Poor Execution September 15, 2015

Sponsor of California’s Bitcoin bill responds to critics, here’s our take August 13, 2015

BitLicense: It’s not just for New Yorkers July 13, 2015

Connecticut and Bitcoin: A legislative question mark June 29, 2015

Bitcoin: Risk Factors for Insurance June 16, 2015

The 325-year-old Company that’s Learning about Bitcoin June 16, 2015

Our thoughts on the BitLicense: California is Winning June 3, 2015

Tracking Bitcoin Regulation State by State June 2, 2015

Wall Street is using Bitcoin, not just the blockchain. May 12, 2015

Coin Center files comment on NY DFS revised BitLicense proposal March 27, 2015

Comment on Revised NY DFS BitLicense Proposal March 27, 2015

CFPB Proposed Rules Relating to Prepaid Accounts Comment March 25, 2015

Coin Center comments on CFPB proposal to regulate digital currencies March 23, 2015

Bitcoin: Our Best Tool for Privacy and Identity on the Internet March 15, 2015

Bitcoin May Be What Gets Us Real Net Neutrality March 9, 2015

Apple Pay isn’t enough to fix a broken payment system March 4, 2015

Report: Bitcoin enables unprecedented financial privacy and security March 3, 2015

Steady Sentiment and the Problem of Scams February 24, 2015

CSBS Virtual Currency Framework Comment February 16, 2015

Should You Trust This Secretive Chinese Bitcoin Mine? February 9, 2015

Reporting from the EU Parliament: Building an Open Bitcoin Coalition January 29, 2015

Coin Center’s new Bitcoin Public Sentiment Survey January 27, 2015

Reporting back from the Blockchain Workshops at MIT and Harvard January 21, 2015

Boston and the Blockchain this weekend; we’ll be there. January 15, 2015

Some perspective on Bitstamp January 8, 2015

What is Bitcoin mining, and why is it necessary? December 15, 2014