On the Issues of Anonymity and Privacy of Cryptocurrencies in Enforcement Proceedings

Abstract

Based on the current legislation, existing doctrinal concepts and international experience, the article examines possible solutions to the prob lems of anonymity and privacy of cryptocurrencies in enforcement proceed ings. In particular, the author proves that possible solutions to this problem can be: a) stimulating the debtor’s will to disclose information about the digital currency belonging to him and to assist in foreclosing on it, b) searching for digital currency and gaining access to it through interaction with information system operators and other government bodies, c) obtaining access to the debtor’s cryptographic wallet through the withdrawal of private key carriers. Possible ways to identify the owner of a cryptocurrency in the absence of accurate information about the owner of a cryptowallet are considered sepa rately. In conclusion, the author concludes that the problem of anonymity and privacy of digital currency is complex and requires a comprehensive solu tion. The means of deanonymization and gaining access to cryptocurrency assets should differ both from their characteristics and the prevailing legal and factual situation in such a way as to provide enforcement proceedings with the maximum flexibility necessary.