The decision to seal the names of FTX customers has garnered opposition from four major media outlets, including Bloomberg, Dow Jones & Company, The New York Times, and the Financial Times. As reported by Reuters on June 23, these media organizations have appealed the ruling of United States bankruptcy Judge John Dorsey, who allowed FTX to redact the names of its individual customers from all court filings. The judge’s decision was based on the need to prioritize the safety of the customers, considering them to be the most crucial aspect of the case.
However, the media outlets have challenged this ruling in a court filing on June 22. They argue that FTX should not enjoy a “novel and sweeping exception” to bankruptcy disclosure requirements simply because cryptocurrency was used by its customers. They maintain that bankrupt companies are typically obligated to disclose the names and amounts owed to their creditors.
Despite the media outlets’ objection, Judge Dorsey decided to keep the names sealed, emphasizing his intention to prevent customers from falling victim to scams. This approach aligns with the exception in U.S. bankruptcy law, which recognizes the potential risk of harm through disclosure.
This is not the first time the media organizations have expressed their disapproval of the names being sealed. In a previous objection filed on May 3, they argued that revealing the names would not subject creditors to undue risk and that the list does not qualify as “confidential commercial information.”
Dubai-based crypto lawyer Irina Heaver, when interviewed by Cointelegraph, expressed her support for Judge Dorsey’s ruling. She commended the decision to allow FTX to keep customer names confidential. Heaver believes that media organizations appealing this ruling fail to acknowledge the unique risks faced by individuals if their identities are exposed.
Heaver states, “This is not a hypothetical concern, there is clear evidence of the harm that can be caused by such disclosure. With 9 million users, the potential for widespread financial and personal damage is colossal.” To illustrate her point, she referred to the “Celsius case” which occurred in July 2022. When certain customer data was leaked by an internal employee to a third-party actor, Celsius depositors received warning emails. This incident resulted in a surge of phishing attacks.
While the media outlets argue for transparency and disclosure, the potential consequences for FTX customers cannot be underestimated. The harm caused by disclosing their identities and sensitive information could have far-reaching effects, both financially and personally. Protecting these individuals from potential scams and phishing attacks is a priority.
This debate raises questions about the balance between transparency and privacy in the cryptocurrency industry. As cryptocurrencies continue to gain popularity and impact the global financial landscape, finding a delicate equilibrium that protects users while ensuring regulatory compliance is essential.
In conclusion, the opposition from major media outlets to the sealing of FTX customer names highlights the ongoing debate regarding transparency versus privacy in the cryptocurrency sector. Judge Dorsey’s ruling prioritizes customer safety and recognizes the potential harm that can arise from disclosing their identities. The appeal by the media organizations does not adequately consider the risks faced by individuals if their personal information is revealed. As the cryptocurrency industry evolves, striking a balance between transparency and user protection will remain a crucial challenge.