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Tornado Cash ruling lays dangerous precedent: crypto lawyers

Main Points on Bitcoin, web3, Ethereum, and Cryptocurrency:

  • Judge Failla ruled in favor of a trial against Tornado Cash and Roman Storm.
  • Crypto community outraged by the ruling, expressing concerns about developer freedom.
  • Tornado Cash and Roman Storm indicted on charges of conspiracy and illegal money-transmitting.
  • Tool built on Ethereum’s blockchain used for obfuscating transactions, facilitating illicit funds.
  • Trial set to begin on Dec. 2 with potential implications for code liability.

Judge Failla’s Ruling Impacts Crypto Community

District Judge Katherine Polk Failla ruled in favor of a trial against Tornado Cash and Roman Storm, causing backlash within the crypto community. The ruling denied the defendants’ motion to dismiss, leading to concerns about the implications on developer freedom and open-source development in the crypto space.

Indictment of Tornado Cash and Roman Storm

In August 2023, Tornado Cash and Roman Storm were indicted on charges of conspiracy and illegal money-transmitting. Federal prosecutors accused the co-founders of intentionally building the crypto mixer for criminal use, allegedly facilitating over $1 billion in illicit funds. The indictment has sparked discussions about the responsibility of code builders for the functionality of their creations.

Tornado Cash Tool and Legal Challenges

Storm and the crypto community argue against liability for the “functional capability” of the Tornado Cash tool built on Ethereum’s blockchain. Despite the community’s stance, Judge Failla and the court disagreed, setting the stage for a trial that could have significant implications for the broader crypto industry. The trial, scheduled to begin on Dec. 2, will shed light on the intersection of technology, legality, and accountability.

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