On 22 Jan 2014, at 8:15 , Juan Garofalo <[email protected]> wrote:
> 
>       I'm asking what practical means would governments use to deal with 
> bitcoin
> if it becomes a real problem for them.

Obvious solutions:

* declare BTC to be presumptively evidence of drug dealing or trading CP - 
possession of weakly-related artefacts being declared as sufficient evidence 
has, IIRC, been ruled legal in NY in the case of a law which made possession by 
a woman of multiple condoms evidence of prostitution.
* require BTC holdings to be declared to the tax authorities, and make explicit 
that whatever the local tax on investment holdings applies to BTC (I think the 
current question is not whether growth in value of BTC is taxable but what kind 
of investment it should be taxed as).
* snarl up BTC exchanges with the same reporting requirements as normal banks 
and trading houses, even though the much smaller scale will make that extremely 
difficult to comply with.
* rule that BTC miners are engaging in banking by building up the record in the 
block chain, and make them all responsible for reporting the transactions they 
process

Apart from the first, none of those would be very controversial, or even 
entirely without merit if you accept the validity of the anti-fraud, 
anti-money-laundering, and anti-tax-evasion laws which require reporting by 
financial services companies. The trouble is, what is a tolerable imposition on 
a company handling millions of dollars is a huge and crippling burden on some 
guy with a couple of hundred dollars worth of BTC. (This is where a “by way of 
trade” qualifier[0] would come in useful, but it would also be horribly 
exploitable when it comes to financial trading.)

[0] Typically meaning, taking up a significant portion of one’s time or 
providing a significant portion of one’s income - the sort of clause which 
means that someone driving cross-country with some friends and accepting petrol 
money from them isn’t required to comply with the regulations regarding taxis 
or minicabs.

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