If you think an LSP is “obviously not an MSB” you’ve never spoken to a lawyer with any sense at all. It may not be an MSB, and I hope it’s not an MSB, and I think it’s probably not an MSB, but speaking with any certainty about this is absolutely impossible. The law and regulations about this are not even remotely clear and do not consider any kind of system like bitcoin, let alone lightning.
Don’t talk shit about others avoiding substantial personal legal risk.
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Let alone if you ask a DoJ lawyer...
📄.pdf 

It goes on and on for pages arguing that being non-custodial is completely irrelevant and FinCen guidance shouldn't be read that way. 

I mean did you read it? Their arguments are….pretty compelling? We should get the law changed but if they’re saying it’s not mentioned in the text if the law then…
I read the guidance a few times and understood it as meaning non-custodial mixers are not covered. I had not read the statute itself.
I also read through the DoJ argument here, but at minimum does not seem ridiculous. We'll have to see what a judge makes of it (or I guess a jury?).
Also best to improve the law to make it unambiguously privacy friendly ... good luck with that, then we wouldn't need cryptocurrency in the first place.
* but -> which
Sure, I don’t think we’ll get everything we want, but at a minimum we should push for improvements in what the regulations cover.
Sadly, despite what it should mean, guidance isn’t legally binding as far as I understand, though of course a judge will weigh it heavily.
I guess you read the CoinCenter bit but I was at least slightly confused on the state of things here, but Iiuc guidance is not binding. Anyway leaving this here in case anyone comes along this thread later 

Coin Center
DOJ's New Stance on Crypto Wallets is a Threat to Liberty and the Rule of Law
Sudden DOJ charges against non-custodial wallet developers challenge long-standing U.S. policy on money transmission. It is regulation by criminal ...
It seems the DoJ and CoinCenter disagree on what the guidance means AND the DoJ argues that the guidance may not apply to Tornado Cash AND even if it did, it's just guidance.