Re: Are Bitcoins Securities Under U.S. Law?

To me it seems like if bitcoin is not a currency, and if it's not security (investment contract), then is bitcoin then a commodity? Seems like you didn't mention anything about commodities, probably for some unmentioned reason. In The Good Wife the lawyers also argued that bitcoin was a commodity.

Bitcoin is a commodity under U.S. law. I have posted the legal analysis and included a discussion on U.S. regulations of commodities on my blog.

http://blog.bitcointitan.com/post/17789738826/what-u-s-regulations-apply-to-bitcoins-as-commodities

Please cite an opinion which states this holding.

I am not sure what you are looking for. I cited to U.S. codes and cases throughout the entire article.

Right, no cases or statutory material conclude that Bitcoin is a commodity. If I am incorrect on this point please direct me to your source.

You are correct, that is why I wrote about it. Otherwise, I would have made a single paragraph post. The purpose of citing sources is to form an argument. You will find that very few cases exactly match the facts of any other case or situation that you are asked to argue. U.S. courts recognize that as technology and society progress and evolve the law adapts by making analogies to current statues and prior cases.