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According to the official release, the Framework is the first major step to regulate cryptocurrencies. The Department of Justice has built regulatory partners around the world to solve the current issues with cryptocurrencies.
FBI Director Christopher Wray stated: “At the FBI, we see first-hand the dangers posed when criminals bend the important technological promise of cryptocurrency to illicit ends. As this Enforcement Framework describes, we see criminals using cryptocurrency to try to prevent us from ‘following the money’ across a wide range of investigations, as well as to trade in illicit goods like criminal tools on the dark web. For example, the cyber criminals behind ransomware attacks often use cryptocurrency to try to hide their true identities when acquiring malware and infrastructure, and receiving ransom payments. The men and women of the FBI are constantly innovating to keep pace with the evolution of criminals’ use of cryptocurrency”.
The Enforcement Framework consists of three parts. The first is a detailed introduction of all the threats associated with digital currencies. The second will explore all the legal and regulatory tools governments can use to stop the illicit use of cryptocurrencies.
Finally, the third part will be a discussion, particularly focused on business models that are based on cryptocurrencies, like exchanges or casinos.
Beth A. Williams, Assistant Attorney General for the Office of Legal Policy, stated: “The Department of Justice is committed to protecting the public from current and emerging cyber threats, including those involving cryptocurrency and related technologies. This Framework reflects the Department’s extensive cooperation with domestic and international partners in ensuring that we are adequately addressing these challenges, to the benefit of lawful cryptocurrency users and the public at large”.
Although the document talks about the legitimate uses of cryptocurrencies, it does so in just one page, focusing mostly on the illicit uses and previous criminal cases.
It talks about the use of cryptocurrencies to support terrorism or commit crimes, as well as buying or selling illegal things, buying or selling tools to commit crimes, ransom, blackmail, and extortion. The report even mentions BTC-e, an old cryptocurrency exchange that was indicted by prosecutors in the United States in 2017.
It’s important to note that the initial disclaimer states that there are no new binding legal requirements not already imposed.
Guidance Disclaimer: This document does not contain any new binding legal requirements not otherwise already imposed by statute or regulation. To the extent this Enforcement Framework is viewed as a guidance document within the definition of Executive Order 13891, the contents of this document do not have the force and effect of law and are not meant to bind the public in any way. If viewed as a guidance document, this document is intended only to provide clarity to the public regarding existing requirements under the law or Department of Justice policies.
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