Regulating Cryptocurrencies in the United States: Current Issues and Future Directions

Abstract

This article explores the state of virtual currencies and their regulation in and by the United States and the States. It offers thoughts on which models of regulation might suit virtual currencies best. It also surveys recent enforcement actions brought by the Departments of Treasury, Justice and Homeland Security against providers of virtual currencies or comparable electronic stored value. It concludes that issuers and users of virtual currencies are not being realistic if they think that the United States will not regulate virtual currencies for some purposes.

Keywords: virtual currencies, bitcoins, Bitcoin Foundation, e-Gold Ltd., FinCEN, anti-money-laundering regulations, regulating virtual currencies, money transmission, money services business, Liberty Reserve, Mt. Gox, seizure, forfeiture, Silk Road