Palley @stephendpalley
Partner, @BrownRudnickLLP. Personal account. Not legal advice. Word inventoor. May change my mind. "I contain multitudes." The Dumpster on Colesville Rd. Joined June 2014-
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the derp state in action
the derp state in action
it's not the deep state, it's the derp state, that's where people make the mistake.
Palley on the rule of law and practice as a lawyer in this country: How are you supposed to advise clients if nothing has the permanence of law? Not only is the regulator's website saying something different than the DOJ, it's been saying the same different thing for over 10…
Palley on the rule of law and practice as a lawyer in this country: How are you supposed to advise clients if nothing has the permanence of law? Not only is the regulator's website saying something different than the DOJ, it's been saying the same different thing for over 10…
Imagine if we had a federal government that was more concerned about over reach and not continually pushing the boundaries of its authority....
Imagine if we had a federal government that was more concerned about over reach and not continually pushing the boundaries of its authority....
it’s wild that these days saying “the bank secrecy act should only apply to banks” or “code is speech” feels like:
it’s wild that these days saying “the bank secrecy act should only apply to banks” or “code is speech” feels like: https://t.co/YwrvpPhK2l
Good morning to everyone who believes that the bank secrecy act is an octopusine relic of the 1970s and was intended to apply to banks and that the government shouldn’t put people in prison for building the future of money.
And if it really comes to that, the Court finds that the law has been the opposite to what the guidance stated for 10 years, then we have serious constitutional problems. Due process demands that citizens are given a clear statement of the law before serious charges are levied…
Also, while I’m feeling pissed off: I honestly can’t believe that SDNY has the nerve to argue that FinCEN guidance doesn’t count anyway. Come on guys, I get that you want to win, but it’s not a game of whack a mole. You can win without making that destabilizing and very unfair…
So it’s not the bank secrecy act it’s the octopusine financial surveillance and control of all value transfer act
It’s not a huge conceptual leap to imagine running a website to be deemed money transmission by an overzealous prosecutor with an axe to grind if transmission doesn’t require control and can be passive broadcasting. That’s a huge first amendment problem for the government if…
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mostly yea
it's not the deep state, it's the derp state, that's where people make the mistake.
If America descends into legal chaos where each tentacle of a vast bureaucracy has its own (unwritten) interpretation of law, which helpfully conflicts with the interpretation of other parts, this will have dire and far-reaching consequences for the economy far beyond crypto.
Just think about how you’d feel as a client if your lawyer explained that the regulatory guidance on a federal government agency website isn’t dispositive and you might still go to prison if you follow it but that you can’t ask the prosecutors for guidance in the alternative.
@stephendpalley Look, the DOJ thinks that whatever the TC guys did is so significant that they should spend a big chunk of their lives in prison. From that perspective, they probably feel like they have a duty to throw every punch they can.
Palley on the rule of law and practice as a lawyer in this country: How are you supposed to advise clients if nothing has the permanence of law? Not only is the regulator's website saying something different than the DOJ, it's been saying the same different thing for over 10…
Just think about how you’d feel as a client if your lawyer explained that the regulatory guidance on a federal government agency website isn’t dispositive and you might still go to prison if you follow it but that you can’t ask the prosecutors for guidance in the alternative.
Imagine if we had a federal government that was more concerned about over reach and not continually pushing the boundaries of its authority....
It’s not a huge conceptual leap to imagine running a website to be deemed money transmission by an overzealous prosecutor with an axe to grind if transmission doesn’t require control and can be passive broadcasting. That’s a huge first amendment problem for the government if…
it’s wild that these days saying “the bank secrecy act should only apply to banks” or “code is speech” feels like:
Good morning to everyone who believes that the bank secrecy act is an octopusine relic of the 1970s and was intended to apply to banks and that the government shouldn’t put people in prison for building the future of money.
The more people ask me why I have certain guests that I disagree with on my show, the more I am compelled to host guests I disagree with.
Palley is the best Saltiest Cryptolawyeringcodger On this app A national treasure
.@brave is criminally slept on. Congrats @BrendanEich on this quiet launch
@stephendpalley I thought the Australian model where the government was supposed to be a model litigator applied everywhere I guess not ruleoflaw.org.au/principles/mod…
So it’s not the bank secrecy act it’s the octopusine financial surveillance and control of all value transfer act
@jackchong_jc @functi0nZer0 I think no one knows at this point. This was touched on in the Avi Eisenberg case as well. Could vary depending on misc. adjacent comms, web app TOS, etc. But now with your hypo, add that there is a dev multisig that has full upgrade authority over the smart contract... 🤔
@jackchong_jc @functi0nZer0 I've been saying for a while in lawyer chats, I think the endgame is there will be an opt-in statutory framework for deeming certain smart contracts to be legal persons for certain purposes. Could solve some issues (but also create new ones haha)
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