Reaching Within Silk Road: The Need for a New Subpoena Power That Targets Illegal Bitcoin Transactions

Abstract

With the rise of Bitcoin and other virtual currencies, it has become crucial for government regulatory bodies to catch up. Black market sites like the now-defunct Silk Road have continued to exploit the anonymity of Bitcoin to engage in illegal transactions. In order to identify criminal Bitcoin users, the government must respond with an updated criminal subpoena standard that addresses virtual currencies. This Note argues that the gap should be filled by combining current e-discovery standards from Rule 26 of the Federal Rules of Civil Procedure with elements of the Digital Millennium Copyright Act’s subpoena powers.