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Forteiture scenario 1: cops take your cash. It's on you to sue them and prove to a court that it's legitimately yours. Scenario 2: they take your hardware wall
by abecedarius 5y ago
Forteiture scenario 1: cops take your cash. It's on you to sue them and prove to a court that it's legitimately yours.
Scenario 2: they take your hardware wallet, then they must prosecute you and prove to a court that the money is not legitimately yours, to get the key. IANAL, but am I wrong?
- woodruffw 5y agoThe answer to this probably depends on your local jurisdiction, thanks to America's unique system of legal devolvement. Instead, I'll point out that the answer does not matter: from the moment that they have my hot wallet instead of me, I can no longer use it. It doesn't matter to me whether they can actually liquidate it or not. And, as I pointed out earlier, I'd harm my own case by attempting to liquidate my assets with a separate copy.
- abecedarius 5y agoMy main point is the change from presumption of guilt to presumption of innocence. If they are effectively able to freeze it (but not transfer) before the court ruling, that main point still holds. Your claim was that crypto makes no difference, or worse. I'm not saying technical solutions make the rule of law unnecessary. But they can defend against some violations of the rule of law, depending on the parts of the justice system that are still just. People effectively defending themselves against a national disgrace help towards getting the disgrace fixed.