On August 6, Judge Magistrate Amos Maazant of U.S. District
Court for the Eastern District of Texas made many a headline when
he became the first known United States government official to
declare that Bitcoin-the non-government and non-bank currency,
payments network, and anarchic digital phenomenon-is indeed money.
In a ruling rejecting a defense argument that a certain Ponzi
scheme was not in fact a Ponzi scheme because its shares were sold
in Bitcoins, instead of "real" money, Maazant made this
declaration: "Bitcoin is a currency or form of money, and investors
wishing to invest in [the scheme] provided an investment of
money."
The following week, the German Ministry of Finance also formally
recognized Bitcoins as a private money. Germans can now use
Bitcoins to buy bratwurst, sell lederhosen, or invest in
Volkswagen. The government is developing rules to ensure Bitcoin
transactions are taxed, just like those in euros.
So governments are slowly acknowledging the obvious: Bitcoins
are money. But bureaucrats, like many observers since the digital
currency burst on the scene in January 2009, are likely missing the
larger implications. Bitcoin is much, much more than just
money.
At its core, Bitcoin is a completely decentralized ledger
system. It can be thought of as a massive online version of an
accountant's book in which transactions are recorded by deducting
from one account and adding to another. An accountant's ledger can
be used to keep track not just of dollars, but also cows or bushels
of corn or anything else, and Bitcoin is just as flexible. That
means it can serve as the backbone for any online transaction that
relies on a ledger, such as property registration, futures
swapping, and bonded contracts. Because Bitcoin is decentralized,
these applications can exist largely outside regulators' reach. And
because Bitcoin is growing in popularity, financial regulators are
beginning to make plans for dealing with it, much to the chagrin of
those who see the private currency as a revolutionary force
inherently unmanageable by statist forces.
The Mysterious Rise of Bitcoin
The Bitcoin concept was introduced in a remarkable academic
paper published online in late 2008 by someone calling himself
Satoshi Nakamoto. (So far, Nakamoto's true identity remains a
mystery despite the attempts of several investigative reporters to
uncover it.) The paper described a cryptographic breakthrough that
for the first time made possible "a purely peer-to-peer version of
electronic cash [allowing] online payments to be sent directly from
one party to another without going through a financial
institution."
In early 2009, Nakamoto released open-source software
implementing the concept and launching the Bitcoin peer-to-peer
network. After the launch, volunteer programmers from around the
world began to work with Nakamoto to further develop the underlying
software protocol, collaborating via email, forums, and chats.
Nakamoto remained an active participant through mid-2010, when he
turned over control of the project to a contributor named Gavin
Andresen. In April 2011, when asked by a developer to explain his
declining involvement, Nakamoto said that he had "moved on to other
things." He hasn't been heard from since.
The mystery of Bitcoin's designer is fascinating, but the fact
that we don't really know where Bitcoin came from does not
undermine its security or stability. The Bitcoin protocol and
software are completely open-source, open to inspection by anyone.
Hundreds of programmers and cryptographers have pored over the
code's thousands of lines, and volunteers are continuously adding
innovations. By now most Bitcoin code has been written by people
other than Nakamoto.
At first, Bitcoin attracted interest mostly from a small group
of cryptographers and technology enthusiasts who casually traded
the currency back and forth and even gave some away to attract new
users. The currency's early value was commonly in the pennies. The
first known Bitcoin purchase took place in May 2010, when one user
paid another 10,000 Bitcoins for two pizzas. That sum would be
worth around $1.2 million at today's exchange rate.
Merchants ranging from bars and restaurants to online specialty
retailers began to accept Bitcoin for payment in 2010. Now
businesses as big as WordPress, Reddit, and OKCupid accept the
stuff. The most popular use of Bitcoin today is in online gambling
at sites such as SatoshiDice.com.
As demand grew and the marketplace expanded, so did the exchange
rate. Before settling at a relatively stable price of about $120
per Bitcoin over the last few months, Bitcoin experienced several
bubbles and crashes. It reached an all-time high of $266 in April
2013-an increase of more than 1,000 percent over the previous three
months-and then dropped to $105 before turning back up. Each bubble
has largely been driven by media attention, which attracts new
users and thus new demand. At some point in these cycles of
publicity, a critical mass of speculators cashes out, sending the
currency tumbling.
Such volatility is not surprising. The total value of all
outstanding Bitcoins is still relatively low-about $1.5 billion.
This means even a small increase in interest in Bitcoin can send
prices soaring. Additionally, a large portion of existing Bitcoins
are for the moment being held as a long-term investment, so the
market is not very liquid. As more and more people begin to use
them for everyday purchases, the exchange rate will likely
increase.
The How of Bitcoin
Until the invention of Bitcoin, online digital payments had to
rely on trusted third parties, such as PayPal or Visa, to keep a
ledger of account-holder balances, or a record of who owns what.
For example, if I send you $100 via PayPal, PayPal will deduct the
amount from my account and add it to yours.
Without such ledgers, digital money could be spent twice.
Imagine that digital cash is simply a computer file, just as
digital documents such as spreadsheets or photos are computer
files. I could send you $100 by attaching a "money file" to a
message. But just as with email, sending you an attachment does not
delete that file from my computer. I could send the same $100 file
to a second person, essentially spending the same money twice. In
computer science, this is known as the "double spending" problem.
Until Bitcoin it could only be solved by employing a trusted,
ledger-keeping third party.
What makes Bitcoin revolutionary is that for the first time the
double-spending problem can be solved without a third
party. Bitcoin accomplishes this by distributing the necessary
ledger among all users of the system via a peer-to-peer
network. Every transaction in the Bitcoin economy is registered in
a public ledger called "the blockchain." Complete copies of the
blockchain reside on the computers of everyone who uses Bitcoin.
New transactions are checked against the blockchain to ensure that
the same Bitcoins haven't been previously allocated, thus
eliminating the double-spending problem.
Transactions are checked by users called "miners," who lend
their computers' processing power for that purpose. Miners
essentially solve the difficult cryptographic math problems that
verify transactions, and they are awarded newly created Bitcoins
for their trouble. This is how new Bitcoins are injected into the
money supply. As more users become miners and the processing power
that is dedicated to mining increases, the Bitcoin protocol also
increases the difficulty of the cryptographic problem miners must
solve to verify transactions, thus ensuring that new Bitcoins are
always mined at a predictable and limited rate.
This mining process will not continue forever. Bitcoin was
designed to mimic the extraction of gold or other precious metals
from the earth-only a limited, known number of the coins can ever
be dug up. The arbitrary number chosen to be the cap is 21 million
Bitcoins. This certainty and predictability appeals to many because
it makes artificial currency inflation impossible. In most
countries, a central bank controls the money supply, and sometimes
(such as during the recent economic crisis) it may decide to inject
more money into an economy. A central bank does this essentially by
printing more money. More cash in the system, however, means that
the cash you already hold will be worth less. By contrast, because
Bitcoin has no central authority, no one can decide to increase the
money supply. The rate of new Bitcoins introduced to the system is
based on a public algorithm and is therefore perfectly
predictable.
Yet as interesting as Bitcoin's deflationary nature is, it is
the decentralized design that makes the innovation truly
revolutionary. It means you and I can transact online without
PayPal or any other central authority between us, much in the same
way we might exchange cash for goods on the street. This design has
two important ramifications: First, because the ledger is
decentralized, the Bitcoin protocol leaves governments with no
intermediary to regulate or shut down. Second, the technology is
potentially useful for many other types of transactions.
Censorship and Resistance
In late 2010, after WikiLeaks began releasing its trove of State
Department cables, many individuals sought to show solidarity with
the group by donating money. They found that many payment
processors, including Visa, MasterCard, and PayPal, would not remit
money to Julian Assange's organization, thanks to U.S. government
pressure. PayPal even froze the group's account so that it could
not access funds it had already collected.
"Hey, Visa, Mastercard, Paypal: It's MY money," media critic
Jeff Jarvis tweeted at the time. "How DARE you tell me where I can
and can't spend it?"
As long as you rely on intermediaries to transact, they can
indeed tell you how you can and can't spend your money. This is why
governments seeking to control online activity tend to regulate not
end users but the facilitators in-between. For example, the
rightfully defeated Stop Online Piracy Act would have worked not by
going after digital pirates, but by requiring payment processors to
block the transactions of people merely suspected of piracy.
Because it is a decentralized peer-to-peer network, Bitcoin is
inherently resistant to censorship or control. There is no Bitcoin
company to subpoena, no headquarters to raid, not even a server to
shut down. Add to that its pseudonymous nature and Bitcoin becomes
a real challenge to the state's ability to restrain or keep track
of financial transactions.
Unlike cash, Bitcoin is not anonymous, since a public record is
made of every transaction. But it is more private than traditional
electronic payments, such as credit card transactions, because
users' identities need not be tied to the exchanges. Security
researchers have begun to develop techniques to unmask the
identities of the persons behind transactions by analyzing the
patterns of activity in the blockchain, and there is no doubt that
law enforcement will soon adopt such schemes. While the state may
be able to uncover the identity and punish the parties to a Bitcoin
transaction, however, it will no longer be able to prevent those
transactions from happening in the first place by regulating
middlemen. That genie is out of the bottle.
With a little bit of effort, usually involving meeting a
stranger in person, you can purchase Bitcoins anonymously with
physical cash. From that moment, a whole universe of
government-disfavored activities opens up. You could buy illegal
drugs on the notorious "Silk Road," an encrypted website that has
operated with impunity for the past two years, facilitating annual
sales estimated at over $20 million (until federal agents shut it
down and arrested its alleged operator as this story went to
press). You could gamble at various casinos or prediction markets,
buy contraband Cuban cigars, or-yes-give money to WikiLeaks.
Dissidents in Iran or China can use Bitcoins to buy premium
blogging services from WordPress. And perhaps more importantly,
Bitcoin can potentially replace not just the intermediary payment
processors, but the intermediary markets as well.
More than Money
Mike Hearn, an engineer at Google who serves as one of Bitcoin's
core developers, likes to compare the currency's potential to the
early Web. "The Web started out as scientists simply showing
documents to each other," he says. "You could link documents and
embed images, but the true potential of the Web really came when
these pages became interactive and started gaining more and more
features allowing people to build things like Facebook or online
shops. Those things are not documents, and now probably half the
time people use the Web they aren't really interacting with
documents; they are actually using applications."
Bitcoin, Hearn says, is now only being employed for its most
obvious use-money transmission. But its design supports any number
of other applications, just like the Web.
"Ultimately Bitcoins are data, and you can use a data transit
protocol to transit information other than just 'I'm sending you
Bitcoins.' It could be 'I'm sending you a stock,' or it could be
'I'm sending you a bet,' " says Jeff Garzik, another core Bitcoin
developer. Each of these applications would by definition be beyond
government control.
One of the most interesting potential applications of the
protocol is decentralized electronic markets. These could be for
futures contracts, sports bets, or political predictions. J.R.
Willett, author of a white paper proposing such a system, explains
with a thought experiment. Suppose two parties, A and B, want to
bet on the future price of Google stock; and suppose there is a
third party, C, that publishes the price on the network every few
minutes. A thinks the price of Google will go up, and publishes a
message saying so, establishing how much he's willing to wager. B
thinks it will go down and publishes a message accepting the
bet.
Once that happens, both parties are committed to the
transaction. The only question is who takes the pot. Others on the
distributed network don't know the real-life identities of the
bettors, but they can see that A said it would go up and that B
said it would go down, and they can see C publish the price of
Google shares. "If the price goes up, then the whole protocol
recognizes that A won that bet; the whole protocol recognizes that
A now owns B's coins," says Willett.
Bitcoin, then, may soon enable a world of decentralized
electronic betting markets largely impervious to government
sanction. The predictions market Intrade, a darling of academic
economists and political scientists, closed down last year after
the Commodities Futures Trading Commission (CFTC) sued it for
violating a ban on certain options trading. (See Katherine
Mangu-Ward, "The Death of Intrade," page 44.) According to the
CFTC, Intrade "unlawfully solicited and permitted U.S. customers to
buy and sell options predicting whether specific future events
would occur, including whether certain U.S. economic numbers or the
prices of gold and currencies would reach a certain level by a
certain future date, and whether specific acts of war would occur
by a certain future date."
A predictions market built as a peer-to-peer network on top of
Bitcoin could not be shut down so easily. And no operator could
abscond with users' funds, as has also been rumored of Intrade in
the wake of the CFTC action.
Eliminate the Middleman
When users don't rely on intermediaries to transact, governments
have a much harder time restricting with whom users can engage and
for what purpose. (It also makes it harder for tax collectors to
grab a cut of the transaction.) Governments seeking to control
online activity so far have tended to crack down on the
intermediaries first. For example, online gambling and sports
betting is perfectly legal in countries such as the U.K., Ireland,
and Australia, and residents of the United States can easily access
those websites. Placing a bet is another matter, however, because
the Unlawful Internet Gambling Enforcement Act of 2006 requires
payments processors, such as PayPal and Visa, to block transactions
to online gambling sites. (See Jacob Sullum, "How Poker Became a
Crime," page 62.)
Not only does Bitcoin remove the need to rely on third-party
payments processors, it has the potential to remove the need to
rely on third-party betting platforms altogether. Suddenly, the
government can't regulate gambling either.
Another possible application of the protocol is to power
decentralized crowdfunding without third-party intermediaries such
as Kickstarter or Indiegogo. Bitcoin transactions can be structured
in such a way that they are not finalized until the recipient has
received a certain predetermined amount. If an entrepreneur
promises to work on a project or produce a good if he raises a
certain amount, contributors can pledge their support in any amount
safe in the knowledge that Bitcoins will not leave their wallets
unless and until the entrepreneur receives sufficient pledges to
meet his goal.
This would make crowdfunding cheaper than it is now.
Kickstarter, for example, takes 5 percent of the funds raised
through its service. It would also make crowdfunding more resistant
to censorship. Last year, Indiegogo suspended Defense Distributed's
campaign to raise $20,000 to develop schematics for a 3D-printed
plastic firearm. Using the Bitcoin protocol, there is no central
authority or middleman that would have the power to suspend
unpopular crowdfunding campaigns. (For more on 3D-printed guns, see
Brian Doherty, "The Unstoppable Plastic Gun," page 24.)
Bitcoin's potential is not limited to transactions. One
non-transactional use of the technology is as a decentralized
notary service, allowing anyone to verify that a particular
document existed at a certain point in time. Say you've written a
movie screenplay, and before you shop it around Hollywood you want
to record that you had it first. To accomplish this, you can add
the document's cryptographic signature to the blockchain, the
Bitcoin public ledger. If someone ever were to claim the screenplay
as his own, you could point to the blockchain to prove you had it
first. The website ProofOfExistence.com is a first attempt at
creating this kind of service.
Another non-transactional application of Bitcoin is being
developed by Joe Cascio, a semi-retired software engineer living in
Connecticut. Cascio calls his innovation "collateralized identity,"
which he initially developed to address the problem of sockpuppetry
on online forums. Because creating new accounts on online services
is often free and easy, one individual can conjure up many
different identities and use them to harass, spam, or otherwise
annoy other users. Suspending sockpuppet accounts does little to
address the problem because a malicious user will simply create new
ones in their place.
Online forums have tried to defeat sockpuppetry by requiring
account holders to use their real identities or by allowing
pseudonymous usernames but charging a membership fee to deter one
person from creating more than one account. But Cascio has
developed a system allowing users to log into websites
pseudonymously using Bitcoin addresses. What this means is that a
website owner can restrict who can create an account based on the
user's current Bitcoin balance, or even her balance history.
For example, a site might require that new users must have at
least 30 days of a continuous balance of the Bitcoin equivalent of
$100 associated with the address he is using for his ID. That $100
is not a membership fee you have to pay, only an average balance
one has to carry for each account. That makes multiple accounts a
very expensive proposition for malicious users, while remaining
inexpensive for average users. Only because Bitcoin's ledger is
public can the site verify that a user does indeed meet its
collateral requirements.
"The fact that you can observe the history of a Bitcoin address
is important because it means that you can't play Three Card Monte
with IDs," says Cascio. Otherwise, a malicious user might simply
move money around to different Bitcoin addresses before creating
new accounts.
While Cascio only intended to address the sockpuppet issue, he
has since discovered that his invention essentially leverages
Bitcoin to create pseudonymous identities tied to something akin to
publicly verifiable "credit histories"-something that has potential
implications far beyond blocking Internet jerks.
The bottom line is that the Bitcoin protocol has the potential
to be much more than just digital money. It is a platform for
financial and informational innovation open to anyone and everyone,
with no requirement to obtain a permit.
Bitcoin vs. the State
The potential benefits Bitcoin can bring to liberty and the
broader economy are profound. But such a system obviously threatens
the authority of the government. Just the few examples mentioned in
this article touch on the regulatory jurisdictions of the Treasury
Department, the Securities and Exchange Commission, the CFTC, the
Consumer Financial Protection Bureau, various state regulators, and
the Internal Revenue Service, for starters. Such entities are
beginning to mobilize in response.
The state's main concern at the moment is that Bitcoin could be
used for money laundering, for financing terrorism, and for trading
in illicit goods. Traditional payments networks, such as PayPal or
Western Union, are subject to the Bank Secrecy Act, which requires
that companies verify customers' identities, keep records of
financial transactions, and report suspicious transactions. This
data facilitates investigation and prosecution of money laundering
and other crimes. Because Bitcoin is a decentralized network, the
government worries that no one is responsible for identifying users
and reporting transactions.
While it's virtually impossible to regulate the Bitcoin network
itself, many new businesses are now emerging to facilitate consumer
adoption of the currency. Those companies will certainly be subject
to regulation. For example, if you would like to convert dollars to
Bitcoins, you could find a stranger on Craigslist willing to trade
and meet him at a coffee shop to make the exchange. Such a
transaction is virtually impossible to regulate, but it's also not
very consumer-friendly.
As a result, there is a slew of venture-capital-backed startups
setting up easy-to-use online exchanges, as well as so-called
"wallet services" that help one easily store and spend Bitcoins,
and processors that help merchants accept payment. These new
middlemen of the Bitcoin ecosystem are just as susceptible to
regulation as existing banks and other third-party payment
networks.
In March, the Treasury Department's Financial Crimes Enforcement
Network (FinCEN) issued a regulatory guidance determining that the
businesses now developing Bitcoin's consumer infrastructure are to
be classified as money transmitters who must register with the
agency and comply with existing recordkeeping and reporting
requirements. More onerous regulation will likely come from states
that require money transmission businesses to be locally licensed
before they can operate.
Today, a company that wants to launch a new Bitcoin exchange
would have to spend at least $1 million dollars and labor for more
than a year acquiring 48 different licenses before it could open
for business (according to various entrepreneurs and compliance
officers associated with the industry), since 48 states have their
own money-transmitter license requirements. In August, New York
State's Superintendent of Financial Services Benjamin Lawsky
subpoenaed two dozen Bitcoin-related businesses to gather more
information about their operations, and he is now conducting an
inquiry to determine how to regulate virtual currency
businesses.
What has struck some of Bitcoin's more ideological backers-who
cherish the currency as a system apart from, and perhaps even
against, the state-is how eager and willing these Bitcoin-ecosystem
companies are to comply with regulators.
"A year or more ago there was very much an 'Occupy' type feel to
Bitcoin, where this is the anti-establishment currency, and now the
establishment is getting interested in Bitcoin," says Bitcoin
developer Garzik. "There is a tension, and you definitely see the
libertarian crypto-anarchist roots bang heads with the venture
capital that's coming in right now."
Many entrepreneurs are inviting regulation as a way to
legitimize virtual currencies. They are looking to get rich through
what they rightly see as a disruptive technology, and ideology
plays little part in that quest. If playing ball with regulators is
what it takes, they figure, then so be it.
Cameron and Tyler Winklevoss, the Facebook-cofounding twins who
own about 1 percent of all Bitcoins, filed papers in September with
the Securities and Exchange Commission seeking permission to launch
a fund that would allow investors to easily speculate on the price
of Bitcoins. They have been making a full-court press for
regulation.
"I don't think anyone wants a fight-I think everyone here wants
to build Bitcoin, to work with regulators," Cameron Winklevoss told
the crowd at a Bitcoin conference in San Jose this May.
"Cooperation is really the way forward." In June Winklevoss turned
it up another notch, telling the NExT entrepreneurship and
technology conference in Brooklyn that "in the Bitcoin world, we
love regulation." He said regulation would confer legitimacy on
Bitcoin, helping to stamp out illicit uses.
Ultimately, both camps-those who would like to see Bitcoin
regulated, and those who see Bitcoin as a perfect escape from state
control-will have to face facts. Regulators and law enforcement
will have to come to terms with the fact that the Bitcoin protocol
is beyond their reach, and while they may be able to spy on the
vast majority of consumer transactions by regulating third-party
Bitcoin businesses, they will not be able to stop individuals from
transacting with each other directly on the network. Meanwhile,
those who would rather have nothing to do with the state will have
to face the fact that laws that ban money laundering and license
money transmission exist, and that the choice before the Bitcoin
community is not whether it should want regulation but what to do
about it.
Given this inevitability, what matters is how onerous the
ultimate regulatory structure around Bitcoin will be. Why should
this matter to those who seek to opt out of the legacy financial
system altogether? Because Bitcoin is a network and networks depend
on network effects.
The more people use Bitcoin, the stronger it will grow; the
stronger it grows, the more difficult it will be to regulate in the
long run. Does Bitcoin need millions of average American consumers
(or Chinese consumers, for that matter) to succeed? No, but that
would surely help. Eventually, hopefully, more and more value will
remain inside the Bitcoin economy, not requiring easily regulatable
conversion to government currencies. But that process will take
time. The more people transact with Bitcoins and are comfortable
doing so, even under a regulated regime, the quicker the currency's
full potential can be realized.
While governments can't kill Bitcoin, it would be naive to think
that they could not substantially slow down its development and
raise the cost of using it. "The choice is not whether to have
digital currencies," Jim Harper wrote recently in Cato
Unbound. "The choice is between adopting digital currencies
the hard way or the easy way." Right now U.S. regulators seem to be
choosing a middle path.
At the moment Washington is not interested in outlawing Bitcoin,
especially since the currency's $1.5 billion economy is
comparatively trivial. The government is interested,
however, in forcing Bitcoin to fit within its existing bureaucratic
buckets.
If regulators can avoid big-ticket prohibitions or mistakes
early on, they may counterintuitively enable the growth of
something they'll never be able to control. The stronger the
network effects grow, the harder it will be for states to take more
aggressive actions in the future. Before you know it, Bitcoin will
never look trivial again.