Comment by freeone3000

That isn’t just a trend, that’s actually this proposed rule change!

Banks collecting KYC actually started with the Banking Secrecy Act of 1970. This was tried in the Supreme Court case California Bankers Association v Schultz (1974). It holds that recordkeeping requirements do not constitute a privacy violation under the 4th amendment absent reporting requirements. Since this new rule (2024) applies only to foreign entities and OFAC controls provide penalties for domestic companies, there’s no fifth amendment issue either (which is a shame imo, the 5th amendment argument in Bankers v Schultz seems incredibly shaky).

There’s no reporting requirements or new crime being created here; the intention is to “”aid”” IaaS providers in complying with OFAC requirements, and, when a warrant is issued, the actual identities of the customers to be known.