BIP 38 was assigned to Mike Caldwell by Amir Taaki on November 22, 2012, consistent with the procedure described in BIP 0001 as of the time the request was made. There is possibly a lack of consensus as to whether this BIP number was properly assigned. Because it has been implemented in multiple projects (including BitAddress.org, Bit2factor.org), concurrently assigning it to something else would have the effect of creating confusion as to what BIP 38 actually refers to. A request to the Bitcoin-development mailing list to formally assign BIP 38 to this proposal was made by Mike Caldwell on August 17, 2013. Discussion regarding this topic continues.
(Mike Caldwell had previously filled this page with a BIP draft which had not been proposed on the list or assigned a number and which doesn't appear to be moving forward.)