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Gold was confiscated because it was easy to do. The 6102 order mentions only persons, not living sovereign man or woman.
Well aware. What is your point? That the state could confiscate this paper bitcoin? Of course they could. They could do this to Coinbase as well.
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The point is that neither exchanges are layer 2's. Recently Liquid and Tether are called layer 2, it just rubs me the wrong way, because it's not true.