KYC Controversy: Warren's Bill and Non-Custodial Software

The bill aims to impose bank-like Know Your Customer (KYC) rules on non-custodial software products. Including Free and Open Source Software (FOSS).

The proposed legislation by Warren is gaining traction with the addition of five new co-sponsors. Sparking a heated debate about its potential impact on privacy, innovation, and the broader technology ecosystem.

The Warren Bill: An Overview

The Warren Bill, officially titled the “Enhanced Financial Oversight and Transparency Act,” seeks to extend the BSA to cover a wide range of non-custodial software products. The BSA, originally enacted in 1970, was designed to combat money laundering and other financial crimes. By requiring financial institutions to keep records and report certain transactions.

The proposed expansion of the BSA to non-custodial software products is a bold move. As it introduces KYC requirements traditionally reserved for banks to decentralized technologies, such as cryptocurrencies and FOSS. Non-custodial software, which doesn’t hold users’ funds, has become increasingly popular in the digital age. Raising concerns about the potential consequences of subjecting it to regulatory measures designed for traditional financial institutions.

One of the most contentious aspects of the Warren Bill is its inclusion of FOSS under the expanded BSA framework. FOSS has long been celebrated for its open and collaborative nature, allowing developers worldwide to contribute and improve code freely.

Growing Support and Opposition

Despite the controversy, the Warren Bill is gaining momentum in Congress, as evidenced by the addition of five new co-sponsors.

On the other hand, opponents voice concerns about the potential overreach of regulatory powers. Citing the unique characteristics of non-custodial software that distinguish it from traditional financial institutions. They argue that a one-size-fits-all approach may not be suitable for the diverse and rapidly evolving landscape of decentralized technologies.


The Warren Bill’s attempt to extend the Bank Secrecy Act to non-custodial software products, including FOSS, has triggered a robust debate within the technology and regulatory communities.

As the bill gains support from new co-sponsors, the ongoing discussion will undoubtedly shape the future of financial regulations in the digital age.

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