here is some interesting thinking from the bitcointalk forum:
Re: Why Bitcoin is doomed to fail, and there's nothing you can do about it.
Today at 06:12:19 PM
If you are interested about how to bypass government, consider this. The constitution, Article 1, Section 10, Clause 1 has a statement in it that says: "No State shall ... make any ... Law impairing the Obligation of Contracts ..." The Federal Government has been adjudicated to be a state. See: Enright v. U.S., D.C.N.Y., 437 F.Supp. 580, 581.
Here's what to get pushed through the courts. Form contracts for any business that you do with other people. Let the contracts invoke the above Article 1 wording along with wording stating that it is the intent of the contract and the parties to the contract that no state laws apply except upon an explicit allowance by the parties to the contract that they are accepting certain stated laws. Throw in the wording that the Federal Government is a state. Say, also, that not answering a challenge by some some state authority in no way waives any part of the contract.
Apply the above with enumerations of specific laws that you do not want to apply to the contract or the parties thereof - IRS taxation, and business licensing, for example.
Doing this will make your Bitcoin transacting to match your terms and not government terms.
Smiley
This is a wonderful strategy and mirrors what I have been talking about at the conference: the post-contract society. Eliminate contracts from every interaction you engage in and the government loses all jurisdiction over the agreement. It no longer becomes a security, etc.
This I think is wishful thinking. It might not be a security but it's still going to be seen as barter or something else. They will find a way to tax and regulate our activities. If we do a good job regulating ourselves and discouraging activities which require or attract government interest then that is a better strategy.
I don't think playing lawyer is a very effective strategy but I think if you design Bitshares to be self regulating, and if it's designed to be safer than the real world counterparts in many ways, then when its time for the government to come up with crypto specific regulations they will have less excuses to regulate.
Mt Gox gives them an excuse to try and protect customers. The Bitcoin community allowed Mt Gox to become so centralized and didn't take fraud or scams seriously. This is because programmers simply don't seem to care about those issues. Taxes are another issue most programmers don't seem to care about, but it doesn't change the fact that users will have to pay taxes in some form and if its made easier to report taxes then the community is at least encouraging compliance.
There will certainly be regulations and taxes, we just want the least disruptive regulations and lowest tax rates.