Meta, the parent company of Facebook, Instagram, WhatsApp and Messenger, is facing antitrust proceedings that could limit its ability to develop AI amid a field of competitors.
First filed in 2021, the Federal Trade Commission (FTC) alleges that Meta’s strategy of absorbing firms — rather than competing with them — violates antitrust laws. If the court rules against Meta, it could be forced to spin out its various messenger services and social media sites into independent companies.
The loss of its stable of social media companies could harm Facebook’s competitiveness not only in the social media industry but also in its ability to train and develop its proprietary Llama AI models with data from those sites.
The trial could take anywhere from a couple of months to a year, but the outcome will have lasting consequences on Meta’s standing in the AI race.
Meta’s antitrust case and its effect on AI
The FTC first opened its complaint against Meta in 2020 when the firm was still operating as Facebook. The agency’s amended complaint a year later alleges that Meta (then Facebook) used an illegal “buy-or-bury” scheme on more creative competitors after its “failed attempts to develop innovative mobile features for its network.” This resulted in a monopoly of the “friends and family” social media market.
Meta founder and CEO Mark Zuckerberg had the chance to address these allegations on April 14, the first day of the official FTC v. Meta trial. He testified that only 20% of user content on Facebook and some 10% on Instagram was generated by users’ friends. The nature of social media has changed, Zuckerberg claimed.
“People just kept on engaging with more and more stuff that wasn’t what their friends were doing,” he said — meaning that the nature of Meta’s social media holdings was sufficiently diverse.
The FTC alleges that Meta identified potential threat competitors and bought them up. Source: FTC
At the time of the FTC’s initial complaint, Meta called the allegations “revisionist history,” a claim it repeated on April 13 when it stated the agency was “ignoring reality.” The company has argued that the purchases of Instagram and WhatsApp have benefited users and that competition has appeared in the form of YouTube and TikTok.
If the District of Columbia Circuit Court rules against Meta, the global social media giant will be forced to unwind these services into independent firms. Jasmine Enberg, vice president and principal analyst at eMarketer, told the Los Angeles Times that such a ruling could cost Meta its competitive edge in the social media market.
“Instagram really is its biggest growth driver, in the sense that it has been picking up the slack for Facebook for a long time, especially on the user front when it comes to young people,” said Enberg. “Facebook hasn’t been where the cool college kids hang out for a long time.”
The pause came after privacy advocacy group None of Your Business filed complaints in 11 European countries against Meta’s use of public data from its platforms to train its AI models. The Irish Data Protection Commission subsequently ordered a pause on the practice until it could conduct a review.
On April 14, Meta got the go-ahead to use public data — i.e., posts and comments from adult users across all of its platforms — to train the model. If these firms dissolved into separate companies, with their own organizational structures and data protection policies and practices, Meta would be cut off from an ocean of data and human communication with which its AI could be improved.
Andrew Rossow, a cyberspace attorney with Minc Law and CEO of AR Media Consulting, told Cointelegraph that in such an event, “companies would most likely control their own user data, and Meta would be restricted from using it unless new data-sharing agreements were negotiated, which would be subject to regulatory scrutiny and user/consumer privacy laws.”
However, Rossow noted that it wouldn’t be a total loss for Meta. Zuckerberg’s firm would retain the wealth of data from Facebook and Messenger. It could continue to use “opt-in” data from consumers who allow their posts to be used for AI training, and it could also employ synthetic data sets as well as third-party and open data.
Meta, the AI race and data protections
The race to unseat OpenAI and its ChatGPT model from AI dominance has grown more competitive in the last year as DeepSeek joined the fray and Meta launched the fourth iteration of its open-source Llama model.
In addition to training new models, major AI development firms are investing billions in new data centers to accommodate new iterations. In January 2025, Meta announced the construction of a 2-gigawatt data center with more than 1.3 million Nvidia AI graphics processing units.
Zuckerberg wrote in a post on Threads, “This will be a defining year for AI. In 2025, I expect Meta AI will be the leading assistant serving more than 1 billion people […] To power this, Meta is building a 2GW+ datacenter that is so large it would cover a significant part of Manhattan.”
Illustration of the data map coverage. Source: Mark Zuckerberg
His announcement followed the $500-billion Stargate project, which would see massive investment in AI development led by OpenAI and SoftBank, with Microsoft and Oracle as equity partners.
Amid this competition, AI firms are looking for broader and more varied sources of data to train their AI models — and have turned to dubious practices in order to get the data they need. In order to stay competitive with OpenAI when developing its Llama 3 model, Meta harvested thousands of pirated books from the site LibGen. According to court documents in a case pending against Meta, Llama developers harvested data from pirated books because licensing them from sources like Scribd seemed “unreasonably expensive.”
Time was another perceived motivator for using pirated works. “They take like 4+ weeks to deliver data,” one engineer wrote about services through which they could purchase book licenses.
The practice is not limited to Meta. OpenAI has also been accused of mining data from pirated work hosted on LibGen.
Rossow suggested that, “to ensure lasting impact — beyond short-term profit,” Meta would do well to “prioritize investment in advanced data collection, rigorous auditing and the implementation of privacy-preserving and encryption-based technologies.”
By focusing on transparency and responsible practices, “Meta can continue to genuinely advance AI capabilities, rebuild and nurture long-term user trust, and adapt to evolving legal and ethical standards, regardless of changes to its platform portfolio.”
What a ruling for the FTC would mean
Litigation is now hitting tech firms from all sides as they face allegations of privacy violations, copyright law infringement and stifling competition. Major cases like those facing Google, Amazon and Meta that have yet to play out will decide how and whether these firms can proceed as they have, defining the guardrails for AI development as well.
Rossow said that the current antitrust case against Meta could decide how courts interpret antitrust law for tech firms, spanning tech mergers, data usage and market competition. It would also signal that courts are “willing to break up tech conglomerates” when issues of smothering competition are involved, while at the same time, “taking current precedent a step further in harmonizing it with the laws of cyberspace.”
The US government is moving closer to reopening after more than 40 days of being shut down, following several Democratic lawmakers in the Senate siding with Republicans to pass a funding bill.
On Monday, the US Senate held a late-night vote for a bill “continuing appropriations and extensions for fiscal year 2026,” which passed 60 to 40 in the chamber. The bill is expected to fund the government through Jan. 31, 2026, provided it passes in the House of Representatives and is signed into law by President Donald Trump.
As Tuesday is a US federal holiday, the House is not expected to reconvene to vote on the bill until Wednesday at the earliest. Prediction platform Polymarket has already adjusted its expectation that the US government will return to normal operations on Friday, likely following the passage of the House bill.
Amid the government shutdown — the longest in the country’s history — many federal agencies have furloughed staff and reduced operations to align with the lack of funding.
Even if the bill were to immediately pass and be signed into law, it will likely take some time before staff can return to work. The operations plan at the US Securities and Exchange Commission (SEC), for example, will allow employees to come back on the “next regularly scheduled workday following enactment of appropriations legislation.”
Digital asset market structure negotiations proceeding
On Monday, the leadership of the Senate Agriculture Committee released a discussion draft of a comprehensive bill on crypto market structure. The draft followed weeks of reported negotiations between Democratic and Republican lawmakers, about four months after the House passed its version of the legislation.
The shutdown likely helped slow progress on the bill, which Republican leaders initially expected to be out of the Agriculture Committee and Banking Committee by the end of October and signed into law by 2026.
Though Republicans still have a path forward to enact the legislation, North Carolina Senator Thom Tillis warned that pushing the passage beyond January or February could make the bill vulnerable amid the 2026 midterm campaigns.
Bitcoin gifts aren’t immediately taxable. The IRS treats cryptocurrency as property, so recipients generally don’t owe income tax on the gift.
Stay within the 2025 exclusion limit. You can gift up to $19,000 per person, or $38,000 for spouses splitting gifts, without triggering Form 709.
Recipients inherit the donor’s cost basis. Future taxes depend on the donor’s original purchase price, not the cryptocurrency’s value at the time of the gift.
Keep detailed records to avoid IRS issues. Document the fair market value, transaction date and wallet details to make your gift audit-proof.
Bitcoin has become a popular gift for birthdays, holidays or simply to share enthusiasm for cryptocurrency. Under US tax law, gifting Bitcoin (BTC) is not an immediate taxable event. The recipient owes no income tax, and the donor typically owes no gift tax if the gift’s value is within the annual exclusion limit.
The Internal Revenue Service (IRS) treats digital assets as property, not currency. This means Bitcoin gifts fall under the same framework as stocks or real estate. They follow property rules, require valuation at the time of transfer, and may need to be reported on Form 709 if the annual exclusion limit is exceeded.
In short, you can gift Bitcoin without creating an immediate tax obligation. However, poor documentation or misunderstanding basic rules can still cause problems later.
What counts as a gift?
A cryptocurrency gift must be a true transfer of ownership. You give up control and receive nothing in return. The 2025 annual exclusion allows up to $19,000 per recipient, or $38,000 for spouses using gift splitting, without filing Form 709. Exceeding that threshold does not automatically create a tax liability, but the form must still be filed.
Gifts between US citizen spouses are unlimited. For non-citizen spouses, the 2025 limit is about $190,000. Transfers to non-residents or certain trusts may have additional requirements.
Not every transfer qualifies as a gift under IRS rules: Only those made out of genuine generosity without expectation of repayment or services.
Paying someone’s tuition or medical bills directly is exempt from gift tax.
Moving cryptocurrency between your own wallets does not count as a gift.
Transfers labeled as “gifts” that are actually payments for services are treated as income, not generosity.
When Form 709 kicks in
Form 709, the United States Gift (and Generation-Skipping Transfer) Tax Return, is how the IRS tracks gifts that exceed the annual exclusion limit. Most people never owe gift tax, but some transfers still require filing.
You must file Form 709 if:
Your gifts to any one person exceed $19,000 in 2025, the annual exclusion amount.
You make a future-interest gift in which the recipient cannot immediately use or benefit from the asset.
You and your spouse elect to split gifts to double the exclusion, which requires both spouses to file Form 709.
You do not need to file if:
All gifts stay within the annual exclusion and qualify as present-interest transfers.
Gifts to a US citizen spouse or a qualified charity are fully excluded from filing as long as you transfer complete ownership and control.
All gifts go to qualified charities where you transfer full ownership.
Did you know? Form 709 is due by April 15 of the year after the gift. A separate form must be filed for each year, and filing doesn’t necessarily mean tax is owed. The 2025 lifetime exemption of $13.99 million typically covers most reportable gifts.
In practice, if you keep cryptocurrency gifts under the annual limit and document the fair market value on the date of transfer, you will likely avoid filing altogether.
Basis and the “dual-basis” trap for recipients
Receiving Bitcoin as a gift is not immediately taxable, but your future capital gains tax depends on the basis and holding period you inherit from the donor.
Carryover basis
You generally inherit the donor’s original cost basis and their holding period. If they bought Bitcoin for $5,000 and gifted it when it was worth $20,000, your basis would be $5,000. When you later sell, you will owe capital gains tax on the difference between your sale price and that basis.
Dual-basis rule
If the gift’s market value is lower than the donor’s basis at the time of transfer, two different bases apply:
For gains, use the donor’s original basis.
For losses, use the fair market value (FMV) at the time of the gift.
If you sell between those two values, no gain or loss is recognized.
Early Bitcoin adopters often have very low cost bases, so recipients of appreciated coins can face significant future tax liabilities. Conversely, gifts of Bitcoin worth less than the donor’s basis limit potential loss deductions. If the donor pays gift tax, part of that payment may increase the recipient’s basis.
Obtain the donor’s purchase date, cost basis, the fair market value on the gift date and whether any gift tax was paid before selling. These details determine whether your next Bitcoin sale results in a taxable gain, a deductible loss or no gain or loss.
Crypto-specific pitfalls to avoid
Most cryptocurrency gifts follow standard property rules, but digital assets introduce additional risks that can trigger audits or disqualify deductions.
1. Turning a gift into a sale
If you sell or swap cryptocurrency before transferring it, the transaction counts as a taxable disposition, not a gift. To qualify as a true gift, you must transfer the asset directly, receive nothing in return and permanently give up control.
2. Poor valuation or missing records
Always document the fair market value (FMV) on the date of transfer, along with your original cost basis, purchase date and transaction IDs. Without proper records, the IRS may challenge the reported value or the recipient’s later gain or loss calculation.
3. Gifts that are really income
If cryptocurrency is given in exchange for services to an employee, contractor or influencer, it counts as compensation, not a gift. This makes it taxable income for the recipient and may subject the sender to payroll or self-employment taxes.
4. Cross-border and non-citizen issues
International gifts or transfers involving foreign wallets may require filing Form 3520 and other disclosures. Gifts to non-US-citizen spouses are capped at about $190,000 in 2025 unlike the unlimited exclusion for US-citizen spouses.
Miss one of these rules, and a generous gesture could quickly become a taxable event.
Simple steps to prevent tax trouble
Gifting or donating cryptocurrency in 2025 can be simple if you follow a few key steps:
Stay within limits: Keep each recipient’s total gifts at or below $19,000 ($38,000 if splitting with a spouse). If you exceed that amount, file Form 709. You will likely still owe no tax unless you surpass the lifetime exemption.
Know what you’re passing on: The recipient inherits your cost basis and holding period. Their future tax bill depends on your original purchase price, not the value on the date of the gift.
Record everything: Keep records of the transfer date, fair market value, your original cost basis and acquisition date, and the wallet or transaction ID. Proper documentation protects both parties if the IRS requests verification.
Gift, don’t sell: Selling or swapping cryptocurrency before gifting makes the transfer a taxable disposition. Transfer the asset directly instead.
For charity: Donations exceeding $5,000 require a qualified appraisal, not just an exchange screenshot. Confirm that the charity can accept cryptocurrency before sending.
Watch cross-border gifts: Foreign recipients and non-citizen spouses face lower exclusions and additional reporting requirements.
Seek professional advice for large or complex transfers: High-value gifts, multi-signature wallets and trusts can create unique compliance challenges.
Before you gift Bitcoin
Most Bitcoin gifts fall safely within IRS limits, and no immediate tax is due. The risk usually arises later when the recipient sells. Because the donor’s basis carries over, gains or losses depend on that original value, not the market price at the time of gifting.
Handled properly, gifting Bitcoin is a straightforward way to share cryptocurrency wealth without tax complications. Keep detailed records, respect the thresholds and confirm that the transfer qualifies as a true gift. Generosity should not come with a surprise tax bill, and with the right steps, it will not.
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