Key Takeaways
The California state assembly has passed a new bill targeting dormant crypto wallets. The bill allows the state to seize crypto from these wallets if they remain inactive for an extended period.
The new bill comes amid heightened user awareness of crypto in the United States, but many were not pleased with the time frame after which the state can seize it.
The California State Assembly bill AB-1052 aims to designate long-inactive cryptocurrency holdings as “unclaimed property,” enabling the state to seize them.
Users must engage with their accounts at least once every three years to prevent temporary seizures. The assets will stay in cryptocurrency form and not be liquidated, enabling consumers to retrieve them later.
The draft legislation passed the House 78-0 on Tuesday. It will now go to the California Senate, where it could be modified further.
There is a famous saying in the crypto ecosystem: “Not your keys, not your crypto.” This mantra advocates for self-custody and managing one’s crypto portfolio via cold wallets rather than depending on exchanges to manage one’s crypto portfolio.
The latest California bill is a twist on the famous crypto saying, encouraging crypto holders to actively interact with their wallets at least once every three years to evade seizures. However, few were pleased with the bill, while others called it a net positive for the industry.
On the one hand, the bill’s proponents claimed that inactive crypto wallets that the authorities can seize will suit the industry.
If passed, the new legislation allows for unclaimed Bitcoin (BTC) and other crypto assets not to be liquidated by the state but held by a custodian for customers to reclaim later. The state cannot liquidate these assets; if a user comes in later to reclaim them, they can be returned via appropriate identification.
On the other hand, privacy advocates called it an attack on users’ right to spend their money, who don’t want to disclose their holdings. Many others cited the example of several early crypto whales who have remained inactive and anonymous for decades before liquidating or moving funds.
The bill also advocates self-custody rather than holding these assets on crypto exchanges, as the law would primarily focus on exchange wallets rather than cold wallets. Thus, users holding assets in cold wallets will more likely escape the seizure.