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Code is functional First Amendment free speech, regulation

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Crypto Breaking News

In a policy briefing published this week, the crypto policy group Coin Center argues that software code used to design, publish, and maintain crypto systems constitutes protected speech under the First Amendment, and should not be readily conscripted into regulatory oversight as if it were a traditional financial intermediary. The authors—Executive Director Peter Van Valkenburgh and Director of Research Lizandro Pieper—frame code publication as an act of expression, akin to publishing a book or a culinary recipe, rather than as the actions of a financial services provider.

According to Coin Center, extending pre-registration or licensing requirements to speech activity would undermine constitutional protections and distort the historical rationale for financial oversight. They emphasize that developers are speakers and inventors, not fiduciaries or middlemen, and that treating code as regulated conduct risks a prior restraint that is almost always unconstitutional. The briefing seeks to provide a framework for courts and regulators to distinguish between protected software publication and a developer’s professional conduct in the ecosystem.

They also note that there have been high-profile convictions of crypto developers based on how software is used, including cases tied to Tornado Cash, which underscore the legal tensions around liability for code and its uses. The discussion situates these prosecutions within a broader quest to separate speech from regulated activity in a rapidly evolving technology space.

Key takeaways

  • Publication and maintenance of crypto software is argued to be First Amendment–protected speech, not inherently a regulated financial service.
  • Regulatory oversight should target conduct only when developers actively control user assets, execute transactions for users, or make decisions on users’ behalf.
  • There is ongoing doctrinal tension among courts regarding whether software constitutes speech or conduct; a clear framework is needed to preserve free-speech protections in software publication.
  • Precedents such as Lowe v. SEC are cited to support the notion that publishers who do not hold assets or act on behalf of clients may be shielded from regulation as speech, highlighting risks of overreach in enforcement against developers.
  • Policy implications span enforcement tactics, licensing regimes, cross-border divergences, and the balance between innovation and consumer protection in crypto markets.

Legal framing: software as speech and the conduct boundary

The authors contend that the First Amendment shields those who publish and maintain code, framing software as a medium of expression rather than a support service that facilitates financial transactions. They argue that treating software publication as regulated conduct would undermine a long-standing constitutional logic that protects speech, regardless of the potential real-world effects of the code when used by others. The briefing emphasizes that the “speakers and inventors” behind crypto software are distinct from intermediaries who custody assets or execute user-directed actions, and that extending licensing requirements to routine publication would amount to an unwarranted prior restraint on speech.

Central to the paper is a call to resist a “functional code theory” that some courts have used to blur the line between speech and conduct. By referencing established jurisprudence, the authors seek to remind courts that the mere execution of code—particularly when published with no asset custody or user-directed action—should not automatically be treated as regulated activity. The framework aims to clarify when regulatory oversight is appropriate and when constitutional protections apply, thereby reducing legal ambiguity for developers and their ecosystems.

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Enforcement considerations for developers and institutions

From a regulatory perspective, the briefing highlights a practical concern: if regulators compel pre-registration or licensing for all software publications, the gatekeeping effect could chill innovation and hamper developer collaboration. For institutions such as exchanges, banks, and other market participants, the delineation between speech and conduct has direct compliance implications. The authors argue that the correct approach is to focus on concrete, user-facing conduct—such as asset custody, automated asset transfers, or decisions made or controlled by developers on behalf of users—rather than on the act of writing, publishing, and maintaining software itself.

The discussion also touches on enforcement realities in the United States, where some prosecutions have leveraged traditional money-services or money-transmitter statutes to address crypto software usage. In this context, the paper argues that liability should hinge on connections to asset custody and transactional control, not on the mere availability of code. This distinction matters for developers seeking to avoid mischaracterization as financial intermediaries and for compliance teams that must assess risk without stifling legitimate software innovation.

Coin Center points to the broader regulatory environment as a backdrop for these arguments. The push for tailored frameworks that reflect constitutional protections, rather than broad, asset-centric licensing, has implications for how agencies coordinate cross-border oversight and how industry participants structure KYC and AML programs. The aim is to preserve the ability to publish and steward open-source software while maintaining accountable pathways for consumer and market protection where appropriate.

Case landscape and precedent shaping risk

The briefing places its analysis within a real-world backdrop of recent prosecutions that have involved developers whose work enabled or facilitated certain financial activities. Notably, high-profile cases connected to Tornado Cash have spurred ongoing legal debates about intent, liability, and the role of developers in the use of their code. In related developments, authorities have pursued cases against individuals associated with other privacy-focused or non-custodial projects on charges related to unregistered money transmission and related offenses. In several instances, defendants and their counsel have argued that their actions constituted speech or publication rather than regulated service provision, invoking established constitutional principles in defense of their work.

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In this context, the Coin Center briefing draws an explicit line: while developers should not be immunized from accountability for illegal activity they knowingly facilitate, liability should not be expanded to cover publication of software itself. The 1985 Lowe v. SEC decision is cited as a benchmark, in which the Supreme Court suggested that a publisher who does not hold assets on behalf of a client and does not act in the client’s stead is protected by free speech. The implication for current enforcement is clear: doctrines that would treat code publication as professional or administrative conduct warrant careful scrutiny to avoid overreach into speech protection.

The broader policy takeaway is that software developers cannot reasonably be treated as scapegoats for illicit activity, nor should their work be criminalized for outcomes driven by user behavior. The briefing argues that the legal framework should reflect the reality that crypto software often operates as an expression of ideas and as a tool for decentralized coordination, rather than as a regulated service in itself. This stance has meaningful implications for licensing debates, regulatory oversight, and the development of compliance programs across the industry.

Regulatory precedent and notable cases shaping risk

Looking ahead, observers should watch how courts apply the conduct-vs-speech distinction in crypto-related litigation, particularly where developers publish code that enables asset transfers or transaction scripting. The current discourse emphasizes that the constitutional protections surrounding speech should guide how regulators approach code publication, while ensuring that enforcement targets genuine custodial or transactional intermediaries. The evolving case law and regulatory discourse will influence policy design across jurisdictions, including any interactions with comprehensive regulatory regimes like MiCA in the European Union and analogous frameworks in the United States and beyond.

As enforcement and policy evolve, the central question remains: how can regulators protect consumers and markets without diminishing the freedoms that underpin open, collaborative software development? The Coin Center analysis suggests that a principled application of First Amendment doctrine—grounded in the distinction between speech and conduct—offers a path to reconcile innovation with public-interest safeguards.

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What to watch next: ongoing court decisions, forthcoming regulatory guidance, and cross-border policy developments that define the permissible contours of crypto software publication versus regulated financial activity. The balance struck in these debates will shape both the legal risk environment for developers and the compliance posture of institutions engaging with decentralized technologies.

Risk & affiliate notice: Crypto assets are volatile and capital is at risk. This article may contain affiliate links. Read full disclosure

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Starknet v0.14.2 Brings Native Privacy Infrastructure to Mainnet

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Brian Armstrong's Bold Prediction: AI Agents Will Soon Dominate Global Financial

TLDR:

    • Starknet v0.14.2 introduces SNIP-36, enabling native in-protocol STARK proof verification on mainnet.
    • STRK20 allows any ERC-20 token on Starknet to operate with encrypted balances and shielded transfers.
    • strkBTC lets bitcoin holders access DeFi on Starknet without exposing their full wallet transaction history.
    • SNIP-37 rebalances network economics by raising storage costs while lowering base L2 gas prices for users.

Starknet v0.14.2 is now live on mainnet, introducing native privacy infrastructure to the network. The upgrade adds in-protocol proof verification, enabling confidential transactions at the protocol level.

It also paves the way for STRK20 and strkBTC, two privacy-focused asset frameworks. Together, these changes position Starknet as a privacy-preserving rollup rather than a standard high-performance chain.

In-Protocol Proof Verification Changes How Starknet Handles Privacy

At the core of v0.14.2 is SNIP-36, which brings native proof verification to the protocol. Previously, verifying a STARK proof on Starknet required a smart contract, which was not practical.

STARK proofs are large, often containing tens of thousands of field elements. That size made them incompatible with the network’s maximum transaction limits.

Developers had no clean path forward under the old system. Splitting proofs across multiple transactions was slow, complex, and expensive.

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The official release notes described the previous approach as “prohibitively slow, complex, and expensive.” With v0.14.2, transactions now reference off-chain execution proofs directly through new proof and proof_facts fields in the Invoke V3 transaction structure.

Starknet’s consensus layer handles verification natively under this new model. Users can now prove fund ownership or transfer rights without exposing their balance.

The protocol states that “privacy becomes as seamless as a standard transfer” with this native support in place. Transaction history also remains shielded from public view on the network.

This change removes the biggest barrier to practical privacy on Starknet. Without native support, any privacy solution would have been too slow and costly to deploy at scale.

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STRK20 and strkBTC Are the First to Use the New Framework

STRK20 is a new framework that allows any ERC-20 token on Starknet to operate privately. Thanks to v0.14.2’s ability to verify S-two proofs, tokens can now support encrypted balances.

Per the release announcement, users can now “swap, stake, and send any ERC-20 token while keeping your financial footprint shielded.” This applies from day one of the framework’s availability.

strkBTC builds on this same infrastructure for bitcoin holders specifically. The upgrade allows BTC to be used in DeFi applications without exposing a user’s full bitcoin wallet history.

According to Starknet, the result gives bitcoin holders “hard money that is both private and productive.” This opens BTC participation across the broader BTCFi ecosystem on Starknet.

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Both frameworks operate with a compliance layer in place. A third-party audit firm will hold a viewing key. Subject to valid legal or regulatory requests, that firm may share individual transaction data with relevant authorities.

Beyond privacy, v0.14.2 also addresses network economics through SNIP-37. The update raises storage costs while reducing base L2 gas prices.

SNIP-13 upgrades StarkGate token contracts to version 3.0.0, aligning ERC-20 events with industry standards and preparing for the decentralized validation phase outlined in SNIP-33.

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The BTC price is less volatile than South Korea’s Kospi stock index right now

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The BTC price is less volatile than South Korea's Kospi stock index right now

Bitcoin has a well-earned reputation as a volatile asset that has historically doubled or halved in a matter of months. That may be changing.

Bitcoin’s 30-day realized volatility, currently 42%, has remained below 50% this month, according to TradingView data. Compare that with South Korea’s benchmark Kospi stock index, whose market capitalization is about twice the largest cryptocurrency’s, which hit 74% last week and is still around 51%. Another more volatile equity market is Pakistan, whose KSE 100 index is also around 51%.

Bitcoin’s volatility — a measure of how wildly prices have swung — has steadily declined in recent years, particularly since the introduction of spot ETFs in the U.S. in January 2024. These investment vehicles have increased institutional participation, bringing in more risk-managed capital flows that have helped dampen price swings.

The relative stability underscores its appeal as a geopolitical hedge, holding its value when macro forces like wars wreak havoc on traditional assets. BTC has historically outperformed gold, the S&P 500 and other traditional assets during wars, as River, a bitcoin-only financial institution, pointed out early this month.

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Still, most major regional markets and their global counterparts exhibited less volatility than BTC in the period. Which raises the question: Why makes South Korea, the world’s 14th-largest economy, different?

Korean issues

The higher volatility in Korean stocks reflects, to a great extent, the gyrations in the cost of fossil fuel, which doesn’t really apply to bitcoin.

The Kospi fell from 6,340 points in late February to 5,000 by the end of March, before rebounding to record highs above 6,380 points.

The initial selloff occurred in the run-up to the war between Iran and the U.S.-Israeli coalition, which started Feb. 28, eventually leading to a closure of the Strait of Hormuz, a major oil supply route. This disruption and the resulting spike in oil prices hurt South Korea because the country imports nearly all its fossil fuels, including oil and natural gas from the Middle East.

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Later, the index found its footing as the conflict eased and the two sides negotiated a temporary ceasefire, which is set to expire on Wednesday. Pakistan’s stock market saw similar swings, with its economy equally, if not more, exposed to energy market disruptions.

Throughout this time, bitcoin held relatively steady, trading mostly between $65,000 and $75,000, supported by renewed inflows into the U.S.-listed spot exchange-traded funds (ETFs).

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Strategy (MSTR) overtakes BlackRock’s IBIT after aggressive bear market BTC buying

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Strategy (MSTR) overtakes BlackRock's IBIT after aggressive bear market BTC buying

Strategy (MSTR), now holds more bitcoin than BlackRock’s iShares Bitcoin Trust (IBIT) for the first time since Q2 2024.

The world’s largest publicly traded BTC holder recently announced its third-largest bitcoin purchase on record, acquiring 34,164 BTC and bringing its total holdings to 815,061 BTC.

IBIT currently holds 802,824 BTC, leaving Strategy ahead by more than 12,000 BTC. While the gap is not anything meaningful in relative terms, it is symbolically important given IBIT’s rapid growth since launch. IBIT became the fastest ETF in history to reach $70 billion in assets, while IBIT ranks among BlackRock’s top revenue drivers.

Strategy held 189,150 BTC at the start of Q1 2024. IBIT surpassed it by early Q2 with roughly 273,000 BTC, compared with Strategy’s 214,400 BTC, a lead which it consistently maintained until now.

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However, the two vehicles are fundamentally different. Strategy is an operating company that uses financial engineering, including at-the-market (ATM) equity issuance, convertible debt, and perpetual preferred securities, to accumulate bitcoin in a leveraged manner. IBIT, by contrast, is a spot ETF designed to passively track bitcoin’s price, offering investors straightforward exposure without leverage or corporate risk.

IBIT has gained around 55% since listing in January 2024, while Strategy has risen roughly 250%, driven by its leveraged structure.

Notably, Strategy accelerated accumulation during the recent market downturn, as bitcoin fell over 50% from its October all-time high, while adding nearly 80,000 BTC in 2026.

The perpetual preferred equity STRC has been a key differentiator for Strategy, providing a scalable source of capital that has funded a significant portion of its recent bitcoin accumulation.

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Meanwhile, IBIT’s holdings remained relatively stable, with only a modest decline in assets under management.

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Bitcoin Price Prediction: Blackrock Big Bitcoin Bet

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BlackRock just placed its biggest weekly prediction bet on Bitcoin as its trading at above the $74,000 price support.

BlackRock just placed its biggest weekly prediction bet on Bitcoin as it is trading at above the $74,000 price support. BlackRock’s spot bitcoin ETF, IBIT, absorbed $871 million in net inflows last week, leading every crypto ETF on the board.

BlackRock just placed its biggest weekly prediction bet on Bitcoin as its trading at above the $74,000 price support.
ETFs Flows, Farside

U.S. spot bitcoin ETFs collectively booked $1.9 billion in net inflows across the same five-day stretch, the strongest weekly haul since early February. The marquee single-session was April 17, when total ETF flows hit $663.89 million, with IBIT alone pulling in $283.96 million and Fidelity’s FBTC adding another $163 million.

Iran tensions dragged BTC briefly to $63,000 2 months ago before Saturday’s bid briefly reclaimed $78,000, with institutional buyers treating every dip as an entry.

Discover: The best pre-launch token sales

Bitcoin Price Prediction: Larry Fink’s $500,000 Target This Year?

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Bitcoin’s technical setup looks constructive after the consolidation. Price is holding above $74,000, up 10% in a month, with bullish consolidation building since the peak. Key resistance sits at the $78,000, and a confirmed close above that can open the door to the $80,000 breakout level.

BlackRock just placed its biggest weekly prediction bet on Bitcoin as its trading at above the $74,000 price support.
BTC USD, TradingView

The Liquidity Oscillator is showing positive Rate-of-Change signals, consistent with the global M2 money supply reversal that has historically correlated with BTC rallies.

For Bitcoin price itself, if ETF inflows sustain above $500M weekly, BTC could clear $78,000 and target $80,000, then maybe $83,000 on M2 tailwinds. Bitwise CIO Matt Hougan has upgraded his 2026 target to $200,000+, citing ETF flows, MicroStrategy accumulation, and Trump’s pro-crypto executive order unlocking Wall Street participation.

BlackRock CEO Larry Fink reiterated a $500,000–$700,000 long-term price target in a recent Bloomberg interview, citing sovereign wealth funds weighing 2%–5% BTC portfolio allocations as a hedge against currency debasement. It’s a structural demand that doesn’t reverse on a single FOMC meeting or a Strait of Hormuz headline.

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Discover: The best crypto to diversify your portfolio with

Bitcoin Hyper to Follow Bitcoin Path with Bigger Upside

Spot BTC is undeniably bullish right now, but the asymmetric upside that early Bitcoin investors enjoyed simply isn’t available anymore. Traders hunting for early-cycle leverage within the Bitcoin ecosystem are rotating attention to infrastructure plays building on top of BTC itself.

Bitcoin Hyper ($HYPER) is positioning as the first-ever Bitcoin Layer 2 with Solana Virtual Machine (SVM) integration, delivering sub-second finality and low-cost smart contract execution while preserving Bitcoin’s base-layer security.

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The pitch is direct: solve Bitcoin’s core limitations (slow transactions, high fees, no programmability) without abandoning its trust model. The presale has raised $32 million at a current price of $0.0136789, with 36% staking available for early participants.

Features include a Decentralized Canonical Bridge for BTC transfers and high-speed transaction execution that the team claims outperforms Solana itself on latency, and the presale has drawn attention alongside the broader Bitcoin ETF inflow narrative.

Research Bitcoin Hyper here.

The post Bitcoin Price Prediction: Blackrock Big Bitcoin Bet appeared first on Cryptonews.

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Bitcoin Price May Go Under $70K Despite Strategy’s Latest Big BTC Buy

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Bitcoin Price May Go Under $70K Despite Strategy’s Latest Big BTC Buy

Bitcoin (BTC) rose 2.66% to around $75,800 on Monday after Strategy disclosed a $2.54 billion purchase, the company’s third biggest ever, and equivalent to about 2.5 months of new BTC supply.

However, several indicators suggest the rally may fizzle out.

BTC/USD daily chart. Source: TradingView

Key takeaways:

  • Poor macro conditions can spark BTC price pullback if Strategy’s buying slows.

  • Bitcoin’s technical setup hints at a potential dip toward $67,000–$69,000.

Strategy may halt BTC purchases this week

Strategy funded most of its latest 34,164 BTC purchase through its preferred stock, Stretch (STRC), which generated over $2.17 billion through at-the-market share sales between April 13 and April 19.

Source: Strategy’s SEC Filings

That accounted for roughly 86% of the total amount spent, while sales of its Class A common stock, MSTR, added another $366 million.

STRC lets Strategy raise cash for Bitcoin when it trades at or above $100. Stronger prices mean easier fundraising and more BTC buying. In 2026, STRC enabled the purchases of 77,000 BTC, ten times more than all the ETFs combined, per River data.

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Bitcoin Analysis, Markets, Tech Analysis, Market Analysis, MicroStrategy, Michael Saylor
Bitcoin ownership YTD change. Source: River

But STRC has been trading below its $100 par value since April 15, which may limit Strategy’s ability to keep raising cash to purchase more Bitcoin this week.

STRC weekly estimates. Source: STRC.LIVE

In past episodes, pauses in Strategy’s Bitcoin purchases have coincided with BTC price slumps.

For instance, on average, BTC’s price has dipped by roughly 30% when STRC traded below its $100 par value.

BTC/USD vs. STRC daily performance chart. Source: TradingView

A 30% dip will take Bitcoin’s price to $53,000 when measured from current levels.

Source: X

The halt appears alongside weakening risk sentiment, with US stock indexes falling amid doubts over the US–Iran peace deal.

Nasdaq, S&P 500, and Dow Jones daily performance charts. Source: TradingView

US President Donald Trump said it was “highly unlikely” he would extend the two-week truce if no agreement is reached before it expires on Wednesday.

Any signs of an extended Middle East conflict may weigh on BTC’s prices.

BTC flag pullback hints at $67,000–$69,000

Bitcoin’s current chart structure shows classic flag consolidation, with price now drifting toward the pattern’s lower boundary. This setup raises the risk of a pullback toward the $67,000–$69,000 region in April, if support gives way.

BTC/USD daily chart. Source: TradingView

At the same time, downside may remain limited as the 20-day (green) and 50-day (red) EMAs continue to act as dynamic support levels. Holding above these averages would signal underlying demand, increasing the chances of a rebound.

Related: Adam Back says current demand is ‘almost’ enough to send Bitcoin to $1M

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If that happens, BTC could attempt a breakout above the flag’s upper trend line, effectively invalidating the bearish setup.

Such a move would open the door for a recovery toward the 200-day EMA (blue), currently near $82,750.

As Cointelegraph reported, breaking the resistance near $78,000 is now a top priority for the bulls.