The recent FinCEN announcement said explicitly that virtual currency isn't a "currency" by the standard sense of the word, and shouldn't be regarded as such.
Should Bitcoin ever be considered a "currency" I think it would be helpful to know if the coins were created by the miner or created by the protocol.
- Miners claim and distribute brand new coins that have never been used before.
- The ability to claim a coin is distributed worldwide and is equally random
- The protocol existed before any miner was configured.
- The protocol demands that no more than 21 million coins ever exist
- The protocol controls the inflation/deflation of the coins through "difficulty"
To me it seems that the "creator" of a Bitcoin is the protocol, and not a miner, and that the term "miner" may not be appropriate.
For most legal purposes, is it ever likely that a "miner" will be considered illegal in any country as if they are "creating" a currency"