Here is the comment I just submitted. I'm also dedicating my newsletter this week to this issue, encouraging all readers to post their own comment.
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I am writing to express my vehement opposition to the proposed Special Measure Regarding Convertible Virtual Currency Mixing as a Class of Transactions of Primary Money Laundering Concern. This proposal has raised significant concerns, and I believe it would be a grave mistake to implement it in its current form.
While I understand the importance of addressing money laundering and other illicit financial activities, this proposed measure would have far-reaching consequences for individuals and businesses involved in the legitimate use of cryptocurrencies. The potential risks and harms associated with this proposal greatly outweigh its intended benefits.
My objections to this proposal are as follows:
1. Overreach: The proposed measure overly broadens the scope of surveillance and regulation, targeting innocent individuals and entities who engage in legitimate transactions with convertible virtual currencies. It essentially treats everyone as a potential criminal, infringing upon our fundamental rights to financial privacy and freedom.
2. Chilling Effect: If this proposal is implemented, it would create a chilling effect on the adoption and use of cryptocurrencies for lawful purposes. People and businesses would be discouraged from engaging in legitimate financial activities, hindering innovation and economic growth.
3. Privacy Invasion: The proposal infringes on the privacy rights of individuals and entities. It demands intrusive levels of data collection and reporting, undermining our right to financial privacy, which is a cornerstone of a free society.
4. Technical Challenges: The proposal assumes a level of technical knowledge and capability that is often beyond the capacity of many users of cryptocurrencies. Compliance would place an undue burden on individuals and small businesses, discouraging participation in this emerging technology.
5. Ineffectiveness: There is no clear evidence that implementing such a measure will effectively combat money laundering or illicit financial activities. Criminals are likely to find alternative methods to evade detection, while law-abiding users and businesses will bear the brunt of the consequences.
Everyone likes privacy. That includes terrorists. You can't ban privacy because a very small minority of people are doing bad things with it. Are you going to ban end-to-end encrypted messages? Cell phones?
The WSJ article used to demand action by the US Department of Treasury was fake news. Hamas didn't receive $90 million USD in cryptocurrency. Analysis done by Chainalysis (who the US government uses as an expert company when prosecuting people) determined that the amount is more like $450,000. That's a 99% error!
Illicit activities represent approximately 0.25% of total crypto transactions and between 2% and 5% of fiat transactions. Cryptocurrency is not financing terrorism. The US dollar is financing terrorism.
Why don't you go after the big banks and the executives who benefit from all that money laundering of US dollars?
As Sen. Ron Wyden, Chairman of the Senate Finance Committee and member of the Senate Select Committee on Intelligence said: "The FinCEN Files investigation reinforces the fact that we now have two systems of law enforcement and justice in the country. Drug cartels move millions through US banks; poor people go to jail for possession. If you're wealthy and well-connected, you can figure out how to do an enormous amount of harm to society at large and ensure that it accrues to enormous financial benefit for all of you.”
I urge you to reconsider this proposal and explore alternative, more targeted approaches to address money laundering concerns within the cryptocurrency space. I am not opposed to reasonable and targeted regulatory measures to combat illicit activities, but this proposal, as it stands, is a disproportionate and overreaching response.
I implore you to listen to the concerns of the cryptocurrency community and other stakeholders and to ensure that any regulatory measures put in place are balanced, effective, and respectful of the rights and freedoms of law-abiding citizens and businesses.
Thank you for considering my perspective on this matter. I hope that you will make the right decision for the sake of preserving individual freedoms and encouraging responsible innovation.
And consider rereading the Bill of Rights.
Sincerely,