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Crypto Advocates Back Amicus Brief on Users' Privacy Rights"

By Craig Green
Oct 23, 2023
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The DeFi Education Fund (DEF), a cryptocurrency advocacy group, has filed an amicus brief with the U.S. Court of Appeals for the First Circuit, calling for a consideration of the unique features of blockchain technology when evaluating cryptocurrency users' privacy rights under the Fourth Amendment to the U.S. Constitution. The move comes in support of James Harper's appeal against the Internal Revenue Service (IRS) in the ongoing battle to protect digital privacy rights and prevent the U.S. government from having unrestricted access to user transaction data on cryptocurrency platforms.

James Harper is among 14,355 Coinbase users whose data was disclosed to the IRS as a result of a 2017 court order, leading to an ongoing fight for stronger digital privacy rights. DEF contends that the Fourth Amendment requires revision to strike a balance between law enforcement's investigative powers and individuals' rights to financial privacy in the digital era. The Fourth Amendment protects people from unreasonable searches and seizures by the government.

DEF referred to the case of Carpenter v. United States to argue that the Fourth Amendment was designed to restrict the U.S. government's ability to obtain data from third-party platforms like Coinbase. Furthermore, DEF highlighted that due to the traceability of cryptocurrency transactions on a public ledger, it is possible to link real-world identities to pseudonymous addresses. This has implications for all 14,355 users involved in the Coinbase case.

DEF stressed that the government's claims encompass every transaction of every user, both present and future, including aspects of their lives such as "family, political, professional, religious, and sexual relationships." This level of insight goes well beyond what can be achieved with traditional bank records. The DeFi Education Fund aims to educate policymakers about the benefits of decentralized finance and seeks regulatory clarity for the DeFi ecosystem. The outcome of Harper v. Wayfair and the IRS's final ruling could establish a precedent for digital privacy rights and enforcement measures in the United States.

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