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UK's New Crypto Seizure Law: Balancing Security and Civil Liberties

May 14, 2024

 UK's New Crypto Seizure Law: Balancing Security and Civil Liberties
 UK's New Crypto Seizure Law: Balancing Security and Civil Liberties
 UK's New Crypto Seizure Law: Balancing Security and Civil Liberties

The United Kingdom has implemented changes to its law regarding the seizure of cryptocurrency assets, allowing authorities to treat them like other assets and seize them without accusing suspects of wrongdoing. The Economic Crime and Corporate Transparency Act 2023 (ECCTA) amendments to the Proceeds of Crime Act 2002 (POCA) grant the police and the National Crime Agency (NCA) the authority to seize crypto assets from suspects without arresting them. The new law permits the seizure of physical items related to crypto investigations, such as flash drives and written passwords, and allows for the "destruction" of a crypto asset if returning it to circulation is deemed against the public good. However, the specifics of how assets will be destroyed have not been detailed, raising questions about the practicalities of implementation. While supporters argue that the measures will combat money laundering, critics express concerns about potential abuses of power and the erosion of civil liberties, particularly the presumption of innocence. Additionally, the lack of provisions for global information sharing regarding crypto transfers raises concerns about the effectiveness of enforcement across jurisdictions.