Close Menu
  • Coins
    • Bitcoin
    • Ethereum
    • Altcoins
    • NFT
  • Blockchain
  • DeFi
  • Metaverse
  • Regulation
  • Other
    • Exchanges
    • ICO
    • GameFi
    • Mining
    • Legal
  • MarketCap
What's Hot

New Ether Treasury Firm ‘ETHZilla’ Emerges With $425M Funding and a DeFi Twist

02/08/2025

Companies holding crypto is only Phase One

02/08/2025

Hong Kong Kicks Off Stablecoin Licensing Regime With Eye on Global Hub

02/08/2025
Facebook X (Twitter) Instagram
  • Back to NBTC homepage
  • Privacy Policy
  • Contact
X (Twitter) Telegram Facebook LinkedIn RSS
NBTC News
  • Coins
    1. Bitcoin
    2. Ethereum
    3. Altcoins
    4. NFT
    5. View All

    Bitcoin Beats Gold as 2025’s Top Asset with $123K Price Breakout

    02/08/2025

    Saylor’s Strategy Bags $31B in Unrealized Profits as Bitcoin Hits $122K

    02/08/2025

    Bitcoin hit a new all-time high of $123,400 on Monday after massive ETF inflows

    02/08/2025

    Bitcoin Price Prediction – BTC Price Estimated to Reach $ 142,085 By Jul 19, 2025

    02/08/2025

    New Ether Treasury Firm ‘ETHZilla’ Emerges With $425M Funding and a DeFi Twist

    02/08/2025

    BitMine Still Ahead Despite SharpLink’s Latest Ether Purchase

    02/08/2025

    SharpLink Gaming Drops $780 Million on Ethereum in July

    02/08/2025

    11,370 ETH Withdrawal Stuns Coinbase: Bullish Signal?

    02/08/2025

    The Sui Ecosystem’s Top 3 Altcoin Performers

    29/07/2025

    Floki Launches $69000 Guerrilla Marketing Challenge With FlokiUltras3

    28/07/2025

    Crypto Beast denies role in Altcoin (ALT) crash rug pull, blames snipers

    28/07/2025

    $1.6 Billion XRP Surge: Here’s What’s Unfolding

    28/07/2025

    how NFTs became a global brand and a Web3 “social currency”

    02/08/2025

    Pixel Vault Removes CEO Following Self-Dealing and Rug Pull Accusations

    02/08/2025

    Labubus have succeeded in every way that NFTs have failed

    01/08/2025

    CryptoPunks Floor Price Hits 3-Year High of $208,000

    31/07/2025

    New Ether Treasury Firm ‘ETHZilla’ Emerges With $425M Funding and a DeFi Twist

    02/08/2025

    Companies holding crypto is only Phase One

    02/08/2025

    Hong Kong Kicks Off Stablecoin Licensing Regime With Eye on Global Hub

    02/08/2025

    Solana DEX volume dips 20% after co-founder slams meme coins

    02/08/2025
  • Blockchain

    Ispolink Joins Forces with ZK Zyra to Bring Zero Knowledge Proofs to AI-Powered Web3 Games

    02/08/2025

    IONOS’ InternetX plans to tokenize 22M domains through Doma Protocol

    01/08/2025

    The Protocol of Agents: Web3’s MCP Potential

    01/08/2025

    EToro Plans to Tokenize U.S. Stocks on Ethereum in Blockchain Push

    01/08/2025

    Circle Wallet’s Strategic Leap for Web3 Developers

    01/08/2025
  • DeFi

    Strobe Finance Launches on Axelar Network to Power DeFi Capabilities, Cross-Chain Interoperability

    02/08/2025

    Chainlink introduces new pricing methodology for DEX-traded assets

    02/08/2025

    Why This DeFi Dip Might Be the Start of a Major Rotation?

    02/08/2025

    Lido cuts staff, Curve rethinks L2s

    02/08/2025

    Alchemy Pay Integrates into Solv Protocol to Bridge Fiat with Bitcoin DeFi

    02/08/2025
  • Metaverse

    Where Has the Metaverse Gone? Examining a Failed (and Costly) Trend

    01/08/2025

    From Metaverse to Machine Learning, Inside Meta’s $72 Billion AI Gamble

    31/07/2025

    AntVerse Integrates Terminus to Transform AI-Powered Metaverse with Web3 Payments

    25/07/2025

    The Sandbox Launches Largest LAND Auction Using GBM Protocol

    21/07/2025

    Elon Musk’s xAI Quietly Fixed Grok by Deleting a Line of Code

    09/07/2025
  • Regulation

    Companies holding crypto is only Phase One

    02/08/2025

    Citadel and SIG-Affiliated Heights Capital Acquire Nearly 20% Stake in Nano Labs

    02/08/2025

    Legendary Economist El-Erian Speaks Out on Fed Chair Jerome Powell’s Resignation! “This Is the Most Logical Solution!”

    02/08/2025

    Will Scott Bessent Replace Powell as Fed Chair? $2.5B Fed Fallout Sparks Speculation

    02/08/2025

    UK Says Crypto Sector Likely Under Reporting Sanction Breaches

    02/08/2025
  • Other
    1. Exchanges
    2. ICO
    3. GameFi
    4. Mining
    5. Legal
    6. View All

    Solana DEX volume dips 20% after co-founder slams meme coins

    02/08/2025

    Alchemy Pay Adds Pendle Finance to Fiat On-Ramp for Seamless DeFi Access

    02/08/2025

    Coinbase Announces Plans for a Strong New Push into Cryptocurrencies – Here Are the Details

    02/08/2025

    Coinbase Stock Tumbles 7% After Disappointing Q2 Results

    02/08/2025

    ICO for bitcoin yield farming chain Corn screams we’re so back

    22/01/2025

    Why 2025 Will See the Comeback of the ICO

    26/12/2024

    TaskOn Joins EPHYRA to Elevate AI-Powered Gaming Experience

    02/08/2025

    The Squid Fighter game is taking Telegram by storm — join the fight and claim your NFT before it’s too late!

    01/08/2025

    This Game Lets You Relive the Ethereum Story Through Vitalik Buterin’s Eyes

    31/07/2025

    PEPE GAMES Integrates with GaFin to Power the Meme Gaming Hub

    30/07/2025

    Is solo Bitcoin mining making a comeback?

    02/08/2025

    Bitdeer’s Remarkable 63.1 BTC Weekly Success

    02/08/2025

    Sanctioned nations are secretly mining Bitcoin and the clues are in the hash rate

    02/08/2025

    Bitcoin Mining Profitability Last Month Hit Highest Level Since the Halving: JPMorgan

    01/08/2025

    Hong Kong Kicks Off Stablecoin Licensing Regime With Eye on Global Hub

    02/08/2025

    Michael Saylor joins chorus for clarity as US works to legally define crypto

    02/08/2025

    US Lawmakers Travel to Argentina: Local Crypto Ecosystem Examined

    02/08/2025

    Tim Draper Applauds SEC’s Project Crypto—His All-Bitcoin Vision Nears Reality

    02/08/2025

    New Ether Treasury Firm ‘ETHZilla’ Emerges With $425M Funding and a DeFi Twist

    02/08/2025

    Companies holding crypto is only Phase One

    02/08/2025

    Hong Kong Kicks Off Stablecoin Licensing Regime With Eye on Global Hub

    02/08/2025

    Solana DEX volume dips 20% after co-founder slams meme coins

    02/08/2025
  • MarketCap
NBTC News
Home»Legal»The FAIR Act Would Protect Bitcoin Holders
Legal

The FAIR Act Would Protect Bitcoin Holders

NBTCBy NBTC23/03/2025No Comments5 Mins Read
Share
Facebook Twitter LinkedIn Pinterest Email


A few weeks ago, we briefly touched on how civil asset forfeiture may apply to Bitcoin, a process in which the Government may seize citizen’s assets without accusing a person of a crime. With the US Government stating that civil asset forfeiture will form a key pillar in building its Strategic Bitcoin Reserve, the Fifth Amendment Integrity Restoration Act of 2023, also known as the FAIR Act, is arguably the most important Bill introduced in Congress today to protect Bitcoin holders from extensive Government overreach. Without it, many may see their bitcoin seized and forfeited on behalf of the Reserve with little to no recourse.

Civil asset forfeiture has long been argued to be in need of drastic reform. Across the country, states have become known to abuse the process to enrich their own law enforcement agencies, which may appropriate the funds collected. From police seizing a Vietnam veteran’s van for serving as a “container” for marijuana, or attempting to appropriate a man’s life savings over a seat belt violation, civil asset forfeiture is “one of the gravest abuses of power in the country today,” according to the Institute for Justice.

Civil asset forfeiture is particularly problematic as the process creates a financial incentive for law enforcement to forfeit citizen’s property to the Government without due process, as stated by the ACLU. Especially in light of bitcoin’s scarcity and its consequent value appreciation over time, this financial incentive is only exacerbated when civil asset forfeiture is applied to build the Strategic Bitcoin Reserve.

To protect citizens from civil asset forfeiture abuse, the FAIR Act of 2023, which was reintroduced in 2024 co-sponsored by Sen. Lummis, among others, aims to revise the federal laws that govern the process to ensure that civil asset forfeiture proceedings follow due process as governed by the Fifth Amendment.

First, it does so by raising the evidentiary standard from “preponderance” of evidence – meaning that a party’s claim is rather true than not – to clear and convincing evidence, increasing the burden of proof the Government has to provide to enforce a forfeiture.

With the FAIR Act, enforcing agencies have to establish that there was a substantial connection between the property and the offense as well as that the owner of any interest in the seized property used the property with intent to facilitate the offense, or knowingly consented or was willfully blind to the use of the property by another in connection with the offense. This forms the most important aspect of the Act as it applies to bitcoin.

At the moment, the Government could seize a person’s legally acquired bitcoin if the UTXO itself had, for example, previously been used in sanctions evasion or touched a darknet market; regardless of whether its owner was aware of the coin’s history when obtaining it. By introducing active consent and willful blindness, the FAIR Act prerequisites that the owner of bitcoin to be forfeited was aware of the acquired BTC’s origins for forfeiture to apply.

The FAIR Act also requires the Government to appoint a counsel to property owners who are financially unable to obtain representation, or if the cost of obtaining representation would exceed the value of the seized property – an issue that has arguably kept many from contesting the forfeiture of assets in the first place, as civil asset forfeiture effectively reverses the burden of proof. At the moment to get your property back you need to prove the Government wrong instead of the Government having to make a case against you.

“Civil asset forfeiture allows federal law enforcement to seize the property of Americans who haven’t even been charged with or convicted of a crime,” said Sen. Booker, who introduced the Bill together with Sen. Rand Paul. “Under this system, police can keep cash, cars, and even homes based on mere suspicion of a crime. These losses often become law enforcement’s profit because the burden is on the property owner to prove they should get their property back.”

“The government should never have the power to seize a person’s property without due process. Yet, under current civil asset forfeiture laws, Americans are being stripped of their property without ever being charged or convicted of a crime. The FAIR Act directly addresses these injustices and is a critical step toward restoring fairness and accountability, protecting property owners’ rights, and curbing the weaponization of civil forfeiture laws once and for all,” Paul added to the statement.

If you are rooting for the Strategic Bitcoin Reserve, the passing of the FAIR Act should be a prerequisite for its establishment to ensure that the Government’s bitcoin stack is not built on the abuse of its powers.

This is a guest post by L0la L33tz. Opinions expressed are entirely their own and do not necessarily reflect those of BTC Inc or Bitcoin Magazine.

This post The FAIR Act Would Protect Bitcoin Holders first appeared on Bitcoin Magazine and is written by L0La L33Tz.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
NBTC

Related Posts

Hong Kong Kicks Off Stablecoin Licensing Regime With Eye on Global Hub

02/08/2025

Michael Saylor joins chorus for clarity as US works to legally define crypto

02/08/2025

US Lawmakers Travel to Argentina: Local Crypto Ecosystem Examined

02/08/2025

Tim Draper Applauds SEC’s Project Crypto—His All-Bitcoin Vision Nears Reality

02/08/2025
Add A Comment

Comments are closed.

Top Posts
Get Informed

Subscribe to Updates

Get the latest news from NBTC regarding crypto, blockchains and web3 related topics.

Your source for the serious news. This website is crafted specifically to for crazy and hot cryptonews. Visit our main page for more tons of news.

We're social. Connect with us:

Facebook X (Twitter) LinkedIn RSS
Top Insights

New Ether Treasury Firm ‘ETHZilla’ Emerges With $425M Funding and a DeFi Twist

02/08/2025

Companies holding crypto is only Phase One

02/08/2025

Hong Kong Kicks Off Stablecoin Licensing Regime With Eye on Global Hub

02/08/2025
Get Informed

Subscribe to Updates

Get the latest news from NBTC regarding crypto, blockchains and web3 related topics.

Type above and press Enter to search. Press Esc to cancel.