Tornado Cash is far closer to a public good than a piece of contraband. While the U.S. Treasury's new guidance is a welcome sign for some free speech activists, the sanction of the Ethereum-based crypto mixer is still chilling. Opinion by ZacharyColbert
to say that “interacting with open-source code itself” is not illegal. However this came with a caveat – this interaction is only legal as long as it does not include a prohibited transaction.
A glimmer of hope there, perhaps, for what was one of the leading Ethereum-based mixers. But is it mere coincidence that this move comes just days after the Coinbase crypto exchange filed a lawsuit in response to the sanctions?Coinbase’s lawsuit claims the sanctions themselves are a violation of the First Amendment, which establishes the right of free speech. In the landmark case of 1996, Bernstein v.
Whereas North Korean-linked Lazarus Group got away with an alleged $455 million by laundering stolen money through the smart contract mixer – one of the primary catalysts for the sanctions –, a Tornado Cash developer, got arrested. On Aug. 23 it was revealed he’d be spending an additional 90 days in jail, at minimum.
A developer has little to no say how their software is used, and even less over who uses it. How much tech talent will now be put off from creating the next big blockchain innovation?rightfully instigated considerable ire from the Web3 community, which has warned of the alarming effect it has had on developers already. The fact he was arrested in the first place and held without bail was taken as a chilling precedent.
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