Binance investigated by CFTC over whether US residents trade on platform
bnnbloomberg.ca
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The strategy here, if there is one, baffles me. There seems to be a real cost to taking on US customers. This is just one small facet of a crazy problem.
Do people in America seriously consider it an acceptable trade-off when "Binance blocks U.S. residents from its website"? This just looks like own goal after own goal.
They don't need to worry about people or organizations already within the realm of arrest/extradition/freezable-assets, they can squash them whenever. It's only the people and orgs outside that realm that pose immediate risk...especially when the org's product involves holding large chunks of wealth.
I think binance was allowed to run a separate USA-specific operation, but this was simply to keep everything within the mentioned realm.
I disagree because it sounds more limited to only control over US citizens. US citizens are the biggest losers in this arrangement.
In Europe lawsuits tend to be both cheaper and rarer.
The people who decide these things are not accountable to the public.
Eritrea taxes overseas citizens as well.
There are about 1.5m overseas Eritreans,[4] and at least half of them are estimated to be in compliance.[1]
1. https://www.researchgate.net/publication/320584172_The_2_Tax...
2. https://www.cia.gov/the-world-factbook/countries/eritrea/
3. http://www.offshorenewsflash.com/2015/08/19/is-fatca-chasing...
Has anyone living abroad ever been liable for US taxes? Most people I know or talked to file taxes abroad and never have to actually pay the US.
If they live someplace with lower taxes or earn a high enough salary they end up paying both jurisdictions. For the individuals I knew, the company accounted for this by paying them some relocation bonus for a few years to offset the additional expected tax load.
https://www.forbes.com/sites/robertwood/2019/07/24/prime-min...
Turns out if you are a retiree living your golden years in a low tax jursidiction, you are pretty much ignored.
However, if you want to just live your life elsewhere and dare to end up successful, (for example, buying property >100k) somehow the US government seems entitled to your earnings.
Who exactly does this help?
there was a time when IP blocking was enough to satisfy regulators but now they're basically saying there is nothing a company can do
one of the case studies in my ethics course during my Computer Science degree was about the regulators being satisfied with IP blocks and aware "determined" people could circumvent them due to the structure of the internet. that was a case 20 years ago.
now they're saying that's not good enough? you don't have to be particularly determined to use a VPN but the state can just give better guidance or be more collaborative instead of adversarial
Edit: Malice, in the sense that the United States can force its regulations on foreign entities without going through traditional diplomatic channels. I see this as a power-grab.
I agree! Proof-of-work cryptocurrencies are tremendously wasteful.
People really need to look into how bitcoin's Red Queen's Race works.
The entire basis of bitcoin is that each miner has to waste more and more energy because if you ever take your foot off the gas pedal, you run the risk of some other mining syndicate executing a 51% attack against you.
No other computer system I'm aware of is designed to keep getting less efficient.
My understanding is that ethics courses for students of subjects like computer science are uncommon. Ethics courses for engineering are more common and for law or journalism very common (though the ethics taught for law and journalism is basically opposite).
Towards the end of my degree, some faculty at the university made some attempts to create an ethics course for mathematics students that talked about some issues they might face in industry (popular careers were finance, tech or going to “work for the civil service”)
Maybe it’s become rare now, I dunno, but I also took a computer ethics course at my state university about 20 years ago.
but yes, was one of my favorite courses. It was basically acknowledging that we will continually be a few decades ahead of any legal framework so it gave us other frameworks to consider in our decision making process
sorry that doesnt answer your main question
Come on. KYC and AML laws are very well known and were put in place for a reason. When there are actual issues with regulation that could use reform and modernization, straw-manning negligence regarding the black and white parts that most of modern society unanimously agrees upon is always an odd tack.
It is hard not to when you see awful people taking over governments the world over and stealing completely insane amounts of wealth from the people.
This isn't nickel and dime crimes. These are insane crimes that do damage to billions of people on scales you can't even measure. These people should honestly face life imprisonment, but they never do.
And how much privacy do you violate to stop bad actors? You're okay with AML laws, which are a form of warrantless financial mass-surveillance, so how about wiretapping all communications as well?
How about prohibiting end-to-end-encryption, and public access to strong cryptography? As money becomes wholly digital, you will need warrantless mass-surveillance of all communication to maintain warrantless mass-surveillance of all financial transactions.
Perhaps your downvoters (and mine too) in this thread would like to argue that it's a slippery slope akin to surveillance to accept AML laws which a priori purport to protect us from the effects of these crimes while only taking freedom further away and creating more space for despotic selective enforcement. I'm sympathetic to this argument, but only to a point. Another side to this argument is that AML laws should be resisted not just because they are right or wrong, but because they are ineffective.
My problem is while I may have sympathies to these ideas in theory, in practice, proactively addressing, enforcing and prosecuting money laundering is something just about every government has a vested interest in doing because governments fund themselves through taxation. I can understand the desire to limit government AML overstep and surveillance, but wouldn't that simply mean that we leave AML enforcement and surveillance to the private markets? Would it mean we somehow reform society so there would be no nee for money laundering in the first place because we've eradicated criminal enterprise in the first place?
I'll be the first to admit I don't have an answer for you. I'd say I wonder if the downvoters do, but I think we both know the answer to that.
This is merely a convenience they’ve gotten in a coincidental electronic transfer system that required those intermediaries. They didnt have it before and they wont have it after. These governments have not been granted any additional rights over money flows and as the intermediaries become unnecessary, it will be prudent for them to remember bot to waste public resources grasping for the convenience of warrantless surveillance. Their ability to implement seamless automated anti money laundering procedures and enforcement evaporates, and they would be better off unburdening people now instead of trying to push for a right they never actually had. They’ll have to create new tools to deter and prosecute whatever behavior they are actually trying to stop.
This does not bode well for your moral high ground
Binance has a history of lax KYC [1]. For a global exchange to not risk blowing up means to gain affirmative proof of a user's legal identity, jurisdiction, tax residence. If you try and use an IP ban to loophole around having to add a robust KYC flow into your product, don't be surprised when a major governmental authority (and the general public) remain generally unconvinced that you did your best to be above ground.
[1] https://cointelegraph.com/news/binance-sued-for-allegedly-fa...
The CFTC's case is about Americans accessing unregistered futures and swaps, and with this case they have created no latitude for any company to exclude Americans so that they would never establish jurisdiction.
The point is that this AML/KYC "debate" is a complete red herring. It is inherently a component eventually, but not really. Even if they did force AML/KYC before any kind of trading, then it's still Americans trading unregistered futures and swaps. So you see, unless the CFTC says "we're coming after you because of the lax AML/KYC" then its not about AML/KYC. Could they force AML/KYC and then say "ah you're American you can't trade", sure. Could an American use a fake ID and the CFTC uses that to establish jurisdiction, sure.
So the productive thing here would be for the CFTC to be more collaborative and say exactly what the exact threshold a non-US organization can have to be in a safe-harbor with the CFTC.
I have an opinion that the productive thing here would be for the CFTC to be more collaborative and say exactly what the exact threshold a non-US organization can have to be in a safe-harbor with the CFTC
to your question, "if you can't withdraw USD?" is very limiting and seems based on heavy misconceptions about both money laundering and a limited idea of utility of crypto, not sure where to start there. the other person's response talks about reintegration which is a very accurate tip of the iceberg. layer and reintegration is much easier with crypto.
At the bare minimum you should realize that any KYC’d individual can convert billions of dollars of crypto to US Dollars in a day without moving the markets more than a few percent
and after that you should realize that classifying a transaction as clean is not difficult
But if you don't want any transaction associated with anyone’s identity it is simply more time consuming, eventually you are still getting to a KYC’d individual that can receive a wire transfer in dollars at any meaningful amount in a day
And finally, you can try to reread what I wrote earlier, jot the steps down on a napkin if you need to, its not that complicated you are just starting from a place that assumes an omniscient state and a culture of stigmatizing the movement of money, and thats just flawed
> And finally, you can try to reread what I wrote earlier, jot the steps down on a napkin if you need to
give me a break bud. talking down to people makes me assume you're clueless.
In Europe I could sell cryptocurrency for cash at a price several % above market value, people are desperate to get rid of paper money.
It’s only a bit challenging if you want money in your bank account.
Financial stability is totally orthogonal to KYC. Exchanges that allow leveraged trading protect themselves via margin requirements.
Conclusion: Team USA: world police.
It isn't a matter of should. But they definitely could, if Binance operates in Iran, and they suspect Binance is doing something that is against the law there.
>And if they do, why is it Binance responsibility to bow to the Iranian government?
If they want to conduct business with Iran, then they have to take on that responsibility. If they don't care about conducting business with Iran, they are welcome to not listen to any demands and just walk away.
>And if they don't bow, why should Binance bow to the US?
If they don't bow, they won't be able to conduct transactions and business with US entities completely, such as banks and payment providers. Whether they should bow or not is up to whether they want to continue that relationship.
For context, Binance DOES operate within the US, they just have a separate entity set up for it called Binance US that is fully compliant with US regulations and doesn't allow trading crypto derivatives (only regular crypto coins). Binance (the non-US one that allows derivatives) is self-blocking US users. The allegation is that despite all of that, Binance allowed derivative crypto trades to slip through the cracks in the US.
If Binance doesn't comply and is at fault, then they are risking getting their Binance US entity prevented from operating in the US. This has nothing to do with world policing or anything like that. If the business you are conducting in a country doesn't comply with local regulations, you are running a risk of getting investigated and asked to either fix it up (if you were given such a chance depending on circumstances) or get out, as simple as that.
This kind of behavior is bad, doesn’t matter which country does it.
US based companies are subject to EU privacy laws if they want to operate in EU. Facebook and Google both had to make huge infrastructure investments to comply with the GDPR.
The US fined US based tech companies for not complying with US age restrictions in the past as well.
There isn't anything controversial here. US government makes laws for US citizens and US based companies. Same with every other country on the planet.
the EU can only fine an EU entity, or prevent you from establishing an EU entity in the future.
The EU cannot fine a US company, if that US company does not have any EU operations at all.
Not that it really matters, given I haven't heard of any Apple app store apps that are legal in UK but are explicitly illegal in the US. I remember there was a scare like that with TikTok/WhatsApp last year, but it never went through, so there isn't really a real life situation that could've set the precedent for such a thing.
I don't doubt that once such a situation occurs, Apple might indeed get looked into by the regulators. Would be an interesting case to observe for sure. Either way, that hypothetical situation is much much less clear-cut than what's happening with Binance right now, though I can definitely see the similarities.
This shouldn’t be necessary, or maybe LE should go after that people a bit too? I never heard any enforcement to US citizens doing this, but always regulatory pressure.
PS: in Apple case, as long as app is free , you can create any account from any country. But regulators would not be able to show teeth there for sure anyway
I'm actually a BNB holder but the arguments here are silly.
Those other entities are businesses. If they want to conduct business in the US, they have to abide by the local laws. Just like any US business has to abide by EU laws if they want to operate in EU.
>If a US regulatory agency doesn't want its residents to interact with foreign websites, it should block their internet access to websites outside of the country.
US is literally acting in the interests of the business here trying to help them. US could block Binance, sure. But I think it is more merciful of them to give Binance a chance to fix their shit up and still let them operate in the US. Blocking those website is the last resort, as it should be.
Also, again, no one forced Binance US to register as a legal business entity in the US and conduct business here. Binance US is supposed to operate within US laws. It is their dedicated US branch for US customers that is supposed to provide services legal in the US (no derivatives, as opposed to their non-US Binance platform). Except they, allegedly, let some stuff from the non-US branch that is illegal in the US to slip through to the US customers. Binance cannot have their cake and eat it too. They either don't operate in the US or they do so while abiding the law.
Why is it upto the company to make sure us residents can’t bypass the blocks
It’s almost like suing a home owner cuz a thief broke into their house, did illegal activity on their computer.
Why not sue the thief instead ?
It’s ridiculous
We have the most stable, predictable economic environment in the world, and the oldest functioning constitution. Why would we not extract some of the value in that?
Another point: Inflation plays a domestic role as well, as it increases the velocity of money.
(To the point they actually "mint" them, via the best available forgeries ...)
It's a fantastic way to steal from the poorest and most vulnerable citizens and blame it on "capitalism".
Basically, it's easier to manipulate individuals into working for less if the number they're getting remains the same or even goes up, but slower than real inflation.
But that's that's not what happens. Wages don't keep up with inflation. https://www.epi.org/productivity-pay-gap/
Like, imagine everything stays the same, but a new class of extremely productive high paying jobs is invented, and grows to 10% of the workforce. This would have only a marginal effect on median wage but a huge effect on aggregate productivity. Nothing would change in any other industry (bread factories still have the same output and still pay the same) but it would make this stat look like like 'the rich are stealing our wage growth'.
The alternative in this age of instant global communication is this: US regulatory agencies having to prosecute companies in other countries because people living in the US were able to access the companies' services through the internet, resulting in no company anywhere on Earth being allowed by arms of the US regulatory system to provide financial services that do not ID and track customers.
https://www.ledgerinsights.com/anti-money-laundering-has-les...
"He turned. In his hand was a revolver that the Constitution said he had every right to own. He fired at me and missed. I pulled my own gun, put a quarter in it, and fired back. The bullet lodged in a U.S.P.S. mailbox less than a foot from his head. I shot the mailbox again, on purpose." [1]
[1] https://www.newyorker.com/humor/daily-shouts/l-p-d-libertari...