About
The P2P Rights Fund is a project housed within the Bitcoin Policy Institute, a 501(c)3 think tank. An advisory board including open-source developers, human rights activists, and lawyers oversees the fund’s activities.
Team
Advisory board
Guiding Principles
Non-Regulation of Non-Custodial Tools as Financial Services (aka “No MSBs without Keys”)
Development, maintenance, and enablement of non-custodial tools should not be regulated as “money transmission” or “money service business” under US law.
This principle protects software developers, frontend providers, nodes, mining companies, coinjoin coordinators, and any other ancillary actors that facilitate the use digital assets without taking custody of those assets, exempting them from the Bank Secrecy Act.
Additionally, no individual key holder in a multi-signature wallet should be considered as having “custody” of the funds in that wallet unless they have the unilateral ability to move those funds.
Protection of Open-Source Software under the First Amendment
The publication of open-source code for non-custodial Bitcoin tools is categorically protected by the First Amendment of the US Constitution, ensuring it remains immune from legal interference or censorship.
Constitutional Rights to Use and Transact Bitcoin
The right for Americans to self-custody bitcoin and to transact in a sovereign and private manner is fundamental, potentially protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments of the US Constitution. Any regulatory or governmental actions that unduly burden these rights should be vigorously contested and overturned in court.
The litigation fund will proactively intervene in any legal proceedings where these guiding principles are at risk. Our strategy will not only include defending against unfavorable legal actions but also initiating cases that offer the best prospects for cementing these principles in law.
Moreover, we will collaborate with companies developing open-source non-custodial products to ensure that their innovations align with existing regulations while advocating for their rights under these principles. By combining legal action with strategic partnerships, the fund wil aim to foster a secure and thriving environment for non-custodial Bitcoin tools, ensuring they can operate effectively and without undue regulatory burden.