Self-custody rights are property rights Seth Hertlein | The Last Free Americans
Self-custody rights are property rights Seth Hertlein | The Last Free Americans  
Podcast: The Bitcoin Frontier
Published On: Tue Dec 02 2025
Description: Seth Hertlein is the Global Head of Policy at Ledger and one of the earliest, most persistent advocates for bitcoin self-custody in Washington. Known for his “lone ranger” years as the only lobbyist focused on protecting non-custodial rights, he brings a rare combination of securities law expertise, political insight, and deep conviction about individual property rights. In this episode, Seth joins The Last Free Americans to share how he fell down the bitcoin rabbit hole, why self-custody is a return to humanity’s oldest property norms, and how today’s policy battles will define digital freedom for generations. We dig into the evolution of financial intermediaries, the history of natural rights from Aristotle to the framers, and the real political forces lining up for and against self-custody.SUPPORT THE PODCAST:→ Subscribe → Leave a review → Share the show with your friends and family → Send us an email: podcast@unchained.com→ Learn more about Unchained: https://unchained.com/?utm_source=youtube&utm_medium=social&utm_campaign=podcast → Book a free call with a bitcoin expert: https://unchained.com/consultation?utm_source=youtube&utm_medium=social&utm_campaign=podcastTIMESTAMPS:0:00 – Intro to The Last Free Americans & Seth’s unique role in policy2:20 – How a securities regulator became an “accidental crypto lobbyist”5:03 – Early bitcoin reading, monetary policy, and recognizing its political nature7:43 – The aha moment of self-custody: from Ledger device to first withdrawal12:58 – Ownership vs. possession: how financial markets drifted into full intermediation16:40 – Why self-custody is not new: property as a natural human right22:45 – How centralization overtook markets: certificates, DTCC, and efficiency tradeoffs27:58 – 2021: the year Washington and the industry “woke up” to each other33:10 – Keep Your Coins Act, Canadian truckers, and why lawful peer-to-peer matters38:40 – Property rights, natural law, and the framers’ blind spots on privacy45:55 – Executive Order 6102, takings law, and lessons for bitcoin52:03 – How the Bank Secrecy Act and third-party doctrine became digital surveillance59:42 – The three camps opposing self-custody: nats-ec hawks, socialists, and bureaucracies1:05:40 – The IRS broker rule, CRA repeal, and precedents for stopping overreach1:11:22 – House vs. Senate language: what “retain the right” really means1:17:14 – Odds of passage in 2024 and why Senate floor time is everything1:22:44 – The global landscape: why America is still the last best hope1:27:50 – What comes next: privacy as the next digital freedom frontier1:32:10 – Closing thoughts on restoring founding principles through BitcoinWHERE TO FOLLOW US: → Unchained X: https://x.com/unchained  → Unchained LinkedIn: https://www.linkedin.com/company/unchainedcom  → Unchained Newsletter: https://unchained.com/newsletter → Joe Kelly’s Twitter: https://x.com/josephkelly  → Seth Hertlein’s Twitter: https://x.com/SethHertlein