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 It is permissionless but if you risk going to jail for using it, how does that help you? Who will accept it?

Whats your plan when the gov bans bitcoin?

IMO the chance they are banning  is relatively low. BTC is no problem for the state, it does not work as money, it is a "store of value" now. There are numerous stores of value, no problem for the system.

It was a p2p currency once, that is a serious risk for the state. A store of value is not, just like Gold.