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The original was posted on /r/monero by /u/samdane7777 on 2024-05-05 00:08:33.
I feel like there is a real crisis here with Civics in the industry, where there is no nice way to say it there are two major issues that are no being understood
-constitutional law
-low level network architecture and traffic and transmission on decentralized apps *and wallets
You really cannot mount a defense in federal or supreme court while getting these wrong, and I truly believe the "social layer" of corporations governing eth and bitcoin has a vested interest in getting it wrong.
What this boils down to is selectively cherry picking *which* code is protected by the 1st amendment. You must have broad first principles encompassing coverage.
In order to have a robust broad constitutional defense of monero nodes and monero wallets, you cannot throw other chains wallets and nodes under the bus, but it is even worse than that, you cannot throw *their dapps* under the bus.
Throughout the crypto ecosystem there are central servers with non-custodial mechanisms for any variety of purpose, they should still be protected by the first amendment, but they are indeed easier to litigate.
Most of the hiccups in the system will be gone soon--all of the Dapps in crypto will be fully serverless and hostless, because of IPFS, ENS, s5, Decentralized Physical Infrastructure Networks that split up serverless function computation.
Domains won't be seizable. Now the federal government still wants to felonize and indict IPFS participant, but it is a lot harder, the much lower hanging fruit are bridging components between chains, and the validators on side chains themselves.
I fully expect extreme crackdowns on eth and bitcoin layer two validators, this endangers the constitutional protections for layer one nodes, this is weasel orwell language, and constitutional law doesn't work in this cherry picked fashion, this is how the atf thinks.
Indicting and bullying smaller sidechains is easy for the usa to do, but it is dangerous to constitutional law. In particular I am worried that the erosion of protections will make it extremely dangerous to build applications that do atomic dex swaps to monero, any future suits on atomic swap applications will gut the very basis of "code is speech".
The Treasury, State Department, and Department of Justice have made it exceedingly clear they do not believe code is speech, and are talking about putting mandatory KYC on cloud providers --something else very dangerous to legal protections for layer one nodes.