The Bitcoin 2026 Conference opened with a panel discussion on the growing recognition of bitcoin self-custody as a protected civil liberty. Panelists included Joe Kelly, co-founder and CEO of Unchained, U.S. Congressman Nick Begich, and Zach Herbert, CEO of Foundation Devices.
Congressman Begich, who began acquiring bitcoin in January 2013 and witnessed the Mt. Gox collapse, emphasized the importance of extending private property rights into the digital space.
“Private property rights are fundamental to the American Idea. I think it needs to extend into the digital space and we need to make sure that our legal structures are enshrining those rights when it comes to bitcoin and other assets.”
Zach Herbert, CEO of Foundation Devices, described self-custody as a “gateway drug” to broader digital security practices, stressing its role in preserving sovereignty, privacy, and core American values.
Joe Kelly echoed these sentiments, linking self-custody to the preservation of both land rights and digital rights, and framing it as critical to American national identity.
Government Seizure Risks and Historical Precedents
Congressman Begich warned that governments under pressure may seize assets, citing the 1933 confiscation of privately held gold as a cautionary example. He argued that self-custody protects against centralized confiscation.
On stage, Begich displayed a copy of the Bitcoin Act and read its key provision: “affirms and protects the rights of persons to maintain full lawful control over the bitcoin and other digital assets of those individuals.”
He clarified that while the president can advance bitcoin policy, only Congress can create law, urging immediate action to prevent future administrations from reversing course.
Industry Challenges and Future of Self-Custody
Herbert called for improved user experience in self-custody tools, advocating for solutions that are both simple to set up and equipped with robust safety features.
Kelly emphasized the need to balance security with access to financial services, stating that success in the self-custody space depends on both.
Moderator Grant McCarty of the Bitcoin Policy Institute stressed that American rights are not guaranteed and require active defense.
Legislative Hurdles and Community Action
Congressman Begich acknowledged the difficulty of passing legislation, noting that 90% of bills fail to become law. He urged the bitcoin community to engage with their representatives to advance protections for self-custody.