The introduction of a new anti-money-laundering bill in the US Senate, co-sponsored by Senators Elizabeth Warren and Roger Marshall, has sparked concerns among the blockchain community about the future of cryptocurrency. The Digital Asset Money Laundering Act is aimed at closing loopholes in cryptocurrency transactions that have allowed illicit activity to take place. However, some believe that the bill could have unintended consequences and highlight the broader tensions between the blockchain community’s desire for privacy and law enforcement’s responsibility for national security.
Warren’s recent statement that she is leading an “anti-crypto army” has increased anxiety in the blockchain community about the possible impact of her bill. The proposed legislation could unfairly link cryptocurrencies to illegal activities and lead to further scrutiny of the industry. However, the reality is that even the Biden administration agrees that illicit crypto use is relatively small.
Chris Grieco, general counsel at Rain Cards, and a national security fellow at the National Security Institute at George Mason University, notes that law enforcement officials often appreciate the transparency of the blockchain, which allows them to monitor transactions in real-time. However, the usage of private blockchains could complicate the authorities’ ability to keep an eye on cryptocurrency transactions, leading to potential conflicts between the industry and law enforcement.
As the blockchain becomes more widely adopted, people are demanding greater privacy for their transactions. Promising start-ups such as Zcash and Aleo blockchain offer privacy-enhancing features that allow anonymity for blockchain transactions. However, if blockchain transactions become truly untraceable, anti-money-laundering (AML) rules and regulations could become toothless, leading to a clash between the blockchain community and financial authorities.
The Treasury Department sanctioned Tornado Cash last year, a blockchain mixer that allows users to wash their crypto with others and withdraw near-untraceable crypto, for potentially laundering cryptocurrency. The move sparked outrage among developers in the Web3 community, with some seeing it as a direct attack on their innovation. Meanwhile, some experts fear that privacy-focused blockchain technologies may fall outside of existing legal authorities for AML, possibly leading to further tensions between regulators and blockchain enthusiasts.
While the fight over blockchain privacy is still a few years away, policy decisions such as Warren’s proposed legislation could accelerate these conflicts. The blockchain community must balance the need for privacy with national security interests, while offering creative solutions that protect both. Ultimately, Grieco suggests that the constitutional protections in the US could offer the strongest bulwark against financial surveillance and protect privacy-focused blockchain platforms over the long run.