About Crypto

A cryptocurrency, crypto-currency, or crypto is a collection of binary data which is designed to work as a exchange medium.

Individual coin ownership records are stored in a digital ledger which is a computerized  database using powerful cryptography (The process of converting ordinary plain text into unintelligible text and vice-versa, a method of storing and transmitting data in a particular form so that only those for whom it is intended can read and process it. Cryptography not only protects data from theft or alteration, but can also be used for user authentication. ) in order to to secure transaction records, to control the creation of additional coins, and also to verify the transfer of coin ownership.

What It Isn’t

Cryptocurrency does not exist in physical form (like paper money) and is typically not issued by a central authority such as a central bank.

Cryptocurrencies typically use what is known as decentralised control as opposed to a central bank digital currency 

Cryptocurrency & The Blockchain

When a cryptocurrency is minted or created prior to issuance or issued by a single issuer, it is generally considered centralized.

When implemented with decentralized control, each cryptocurrency works through distributed ledger technology, usually a blockchain that serves as a public financial transaction database for the coin in question

Trading

A cryptocurrency is a tradable digital asset or digital form of money, built on blockchain technology that only exists online.

Cryptocurrencies use encryption to authenticate and protect transactions, hence their name.

There are currently over a thousand different cryptocurrencies in the world, and their supporters see them as the key to a fairer future economy.

Cryptocurrency & The Law

The legal status of bitcoin (and related crypto “instruments” ) varies substantially from state to state and country to country, and is still undefined or changing in many of them. Whereas, in the majority of countries the usage of bitcoin isn’t in itself illegal, its status and usability as a means of payment (or a commodity) varies, with differing regulatory implications.

While some states have explicitly allowed its use and trade, others have banned or restricted it. Likewise, various government agencies, departments, and courts have classified bitcoins differently.

The US Treasury classified bitcoin as a convertible decentralized virtual currency in 2013.The Commodity Futures Trading Commission, CFTC, classified bitcoin as a commodity in September 2015.  The IRS states that bitcoin is taxed as a property.

Bitcoin was mentioned in a Supreme Court opinion (in the case of Wisconsin Central Ltd. v. United States) regarding the changing definition of money on 21 June 2018.

In 2018 FinCEN director Kenneth Blanco said that  money services businesses, including cryptocurrency exchanges, money transmitters, and anonymizing services (known as “mixers” or “tumblers”) do a substantial amount of business in the U.S., according to, they are required to:

  • Register with the U.S.FinCEN as a money services business.
  • Design and enforce an anti-money laundering (AML) program.
  • Keep appropriate records and make reports to FinCEN, including Suspicious Activity Reports (SARs) and Currency Transaction Reports (CTRs).

In September 2016, a federal judge ruled that “Bitcoins are funds within the plain meaning of that term”

US Law Firm Holland & Knight has published the following free access article if you wish to dig deeper into legal definitions.

Blockchain & Cryptocurrency Laws & Regulations 2022

Crypto Cases

SEC v. W.J. Howey Co.

Here is no controversy with respect to the facts in this case. The parties, by written stipulation filed May 20, 1944, have agreed upon the principal facts. In addition, the parties offered oral and documentary evidence at a hearing subsequently held at the direction of the Court for the purpose of supplying certain additional information desired by the Court… Click to see more

Wisconsin Central Ltd. v. United States

Reversed and remanded, 5-4, in an opinion by Justice Gorsuch on June 21, 2018. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined… Click here to see more

The US v. Ross William Ulbricht

In this case, Ulbricht was accused of running the defunct online black market Silk Road. In February 2014, he was indicted with charges of computer hacking, drug trafficking, money laundering, and other illicit activities. He allegedly used bitcoin for all his transactions. On grounds that bitcoin is not real money, he was pleaded not guilty… Click to see more

Ox Labs Inc. v. Bitpay, Inc.

Ox Labs Inc. appeals the district court’s order denying specific recovery of 200 Bitcoins from BitPay, Inc., and fixing Ox Labs’ damages award to the value of the Bitcoins when BitPay sold them. Because the parties are familiar with the facts and procedural history of the case, we recite only those facts necessary to decide this appeal. We have jurisdiction under 28 U.S.C. § 1291, and we affirm… Click to see more

Crypto Case Summaries

Crypto Law Stories

Disclaimer: The views and opinions expressed in AnyLaw Case Summaries and Law Thoughts are those of the authors and do not necessarily reflect the official policy or position of this website.

Articles do not constitute legal advice.

© Lexsphere LTD. Reproduction of the material contained in this publication may be made only with the written permission of Lexsphere LTD.