In recent years, blockchain surveillance (BS) companies have become increasingly important players in the cryptocurrency industry. Their business model consists in developing proprietary software that collects and interprets public data available on public blockchains and in selling their services to governments, banks, exchanges, and others that need access to this data. Usually, governments are interested in collecting information about financial crimes, while other institutional players use BS companies for compliance, especially with regard to customer due diligence. This article argues that BS companies can be understood as governmentalities.
Michael Rectenwald deploys this term to “refer to corporations and other non-state actors who actively undertake state functions.” The partnership between the state and BS companies threatens cryptocurrency users’ privacy and their ability to transact freely, away from the prying eyes of unwanted third parties.
Guilty until Proven Innocent
BS companies help institutional players and law enforcement implement the risk-based approach (RBA) developed by the Financial Action Task Force (FATF). According to the RBA, customers of regulated intermediaries such as cryptocurrency exchanges are first and foremost considered to be risks to the stability of the financial system; they are considered to be customers secondarily. Consequently, all customers are categorized based on the level of risk they pose to the ability of intermediaries to comply with regulations. Different BS firms may implement the RBA differently, but the classification of risk remains more or less constant: Severe risk is usually tied to indicators of child abuse, terrorist financing, and sanctions. Ties to dark-net markets and ransomware; use of ATMs; protocol privacy; peer-to-peer activity; use of cryptocurrency mixers, and indicators of gambling are normally classified as high or medium risk factors. The use of decentralized exchanges and smart contracts poses medium to no risk by default.
If customers are a risk, it follows that the burden of proof is on them to demonstrate their innocence by providing all the required information. When BS companies flag activity as suspicious, exchanges eventually start asking questions of their customers, and if the answers are unsatisfactory, customers’ funds are blocked. As is clear from the list provided above, an activity is considered risky not only when it is an obvious crime like child abuse but also when it is a legitimate and legal action such as exchanging cryptocurrencies peer to peer, using a crypto ATM, or taking advantage of protocol privacy.
It is important to not overstate what BS companies can do. Thanks to pseudonymity, personal identities are not part of the bitcoin blockchain: only public addresses that control some funds show up in the blocks. The very purpose of customer due diligence procedures is to attach real-world identities to addresses and to follow their trails. When users’ money is not in the custody of third parties, heuristic rules can be used to guess where the funds went; however, these rules can at best provide good approximations, not infallible results.
For example, according to the common input heuristic, if more than one input appears in a bitcoin transaction, then the same entity owns them. A similar assumption usually works in everyday life: if a payment consists of a ten-dollar bill and a five-dollar bill, it is reasonable to assume that the two bills are owned by the same person. However, this is not always true. In bitcoin, CoinJoin is a transaction scheme designed to break the common input heuristic with “an anonymization strategy that protects the privacy of Bitcoin users when they conduct transactions with each other, obscuring the sources and destinations of BTC used in transactions.”
The fact that the ambiguity of well-constructed CoinJoin transactions cannot be eliminated explains why BS companies classify them as medium risk, even if there is nothing illegal about them. It cannot be stressed enough that even the most basic transactions are interpretable in many equally legitimate ways and that every heuristic rule can be broken. Still, regulated entities and law enforcement often regard transactions as risky when they are flagged by BS company software, not understanding the inner workings of cryptocurrencies and of that software.
Comparing the FATF’s travel rule with BS companies’ know-your-transaction (KYT) platforms shows the arbitrariness of blockchain surveillance practices. On the one hand, the travel rule requires intermediaries such as exchanges that transact on behalf of their customers to share information about the sender, the receiver, and the amount of any transaction with each other, and, upon request, with law enforcement. While the travel rule harms privacy and pseudonymity significantly, it at least leaves no room for discretion—intermediaries must transmit and store only objective and definite data.
On the other hand, KYT software is developed by BS companies to help crypto institutions comply with regulations and to assist law enforcement in tracking criminals. KYT platforms analyze on-chain data and data from other sources through proprietary algorithms to follow funds and flag suspicious behavior. Differently from the travel rule, KYT software is developed behind closed doors, which means that the public does not know how it works or what kind of hidden heuristic assumptions it adopts. This is morally and legally problematic because closed-source software that is sold for profit and that implements arbitrary heuristic rules can be used to charge users with criminal behavior. Moreover, while most legislation treats crypto users as risks by default, it is not clear what legal tools are available to hold BS companies accountable when their obscure and arbitrary KYT software leads to judicial errors.
Unsubstantiated claims by BS companies can do great harm. The case of Roman Sterlingov is significant in this regard. US prosecutors accuse him of operating Bitcoin Fog, a centralized mixer that was used to launder money; because of this, he has been jailed since 2021 while awaiting his trial. However, according to his attorney, Tor Ekeland,
all the accusations are based on shoddy Blockchain forensics at desks 6,000 miles away from Roman’s home in Sweden. . . . The Government’s speculative accusations have no corroborating evidence. No eyewitnesses, no evidence at all of Roman operating a BitCoin tumbling onion site with a staff for a decade. No Admin logins, notes, communications, emails, nothing. After an extensive and expensive Government investigation spanning seven years that involved surveillance, wire taps, and pen traps on Roman.
This case shows how easy it is for an advanced legal system to ruin people’s lives using spurious blockchain surveillance tools.
Scamming the Scammer Who Longs to Be Scammed
As explained by Lysander Spooner, the state fears no rivals when it comes to scams: it is the only institution that is able to survive by taking other people’s property while presenting its actions as morally and legally legitimate. To tax property, the state needs to locate it by violating privacy and making the property visible to authorities. Therefore, it is not surprising that with cryptocurrencies the most important objective of regulations is to break pseudonymity as defined in the “Privacy” section of the bitcoin white paper. For example, know-your-customer (KYC) legislation requires regulated intermediaries to tie identifiers to cryptocurrency addresses: KYC-verified coins are more easily taxable than those that are not KYC verified.
BS companies are governmentalities whose main function is to help the state fight financial privacy. Their business model is unscrupulous because they sell closed-source software, based on shaky heuristic assumptions, to regulated intermediaries and to law enforcement; the latter may even use it to put people on trial, mostly for nonviolent “crimes” such as money laundering or tax evasion; moreover, given that BS is based on guessing, the risk of false accusations is astonishing, as shown by the case of Roman Sterlingov.
BS firms do not provide sound forensic tools; still, governments pay for their services with taxpayer money and deploy them in court. One cannot help but suspect that, from the perspective of law enforcement, the obscurity of surveillance software is a feature, not a bug, because it disproportionately favors the prosecution to the detriment of the defense.
For their part, these new governmentalities are happy to profit from the exploitation of the judicial system in favor of the state. BS companies present financial privacy in the domain of cryptocurrency as suspicious by default, and they profit by helping the state gain more control over white “markets” and reduce the scope of black (free) markets. This is a remarkable convergence of scheming interests.
About the Author
Andrea Togni is a Philosophy and history teacher at Liceo Medardo Rosso (Lecco). Article cross-posted from Mises.
Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.
