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IRS Seizure of Crypto Records Sets Up Privacy Rights Showdown at 1st Circuit

Member Cory Flashner spoke to the National Law Journal about a pivotal lawsuit brought by investor James Harper against the IRS, challenging the warrantless seizure of cryptocurrency records and questioning the third-party doctrine’s relevance to digital privacy at the 1st Circuit Court of Appeals. He explains the distinction in privacy expectations between crypto exchange data and cell phone records.

Cory said, “A cell phone…has all sorts of information. This [exchange] information just contains financial transactions. It’s not someone’s life. It’s not where they go, where they travel and what they’re doing. That’s the distinction that’s gonna be a hard one for [Harper] to get around.”


National Law Journal