Can Tornado Cash Developer Be Criminalized? EFF’s Case for Digital Privacy

The Electronic Frontier Foundation (EFF) has submitted an amicus curiae brief in support of Roman Storm, the developer of the Tornado Cash software, a virtual currency privacy solution. Currently, Storm is charged with conspiracy to facilitate money laundering, running an unlicensed money-transmitting business, and engaging in business with terrorists and specially designated persons. These charges are based on the fact that he co-founded Tornado Cash — a service that helps wash out the cryptocurrency and make transactions untraceable.

The EFF has submitted in its brief that the prosecution of Storm poses a threat to the development of privacy-enhancing technologies. The digital rights group has claimed that the case could be damaging to open-source software developers. In particular, if the government prosecutes developers of tools that might be used for malicious purposes, it might keep back the development of privacy applications. The EFF noted.

“The government’s prosecution raises larger civil liberties concerns that could chill the future development of privacy-enhancing technologies more broadly,”

Tornado Cash and Privacy Risks

Tornado Cash and similar tools are usually referred to as ‘dual-use’ tools. This means that these can be employed for proper reasons as well as for the wrong ones. The EFF notes that this dual-use potential is typical of many technologies. 

The key to the EFF’s reasoning is that by prosecuting the developers, then the misuse of the tools would have long-term repercussions. “Almost every privacy and anonymity preserving tool is a dual-use tool,” said the EFF. As surveillance grows in the digital age, the group suggests that such tools offer fundamental privacy protection.

The IEEPA is the centerpiece of the government’s case. This law gives the U.S government the authority to place sanctions and limits on transactions during a time of national emergency. The government employs it to allege that Tornado Cash was involved in sanctions and supported criminal activities.

However, the EFF has noted that using the IEEPA in this case is not right. The law wasn’t intended to target privacy-enhancing technologies such as Tornado Cash. The EFF feels that the government is overstepping by employing the IEEPA to prosecute those behind open-source software.

EFF Calls for Legislative Clarity

If the government thinks it is alright to prosecute these technologies, then it has to go to Congress for this, said EFF. The group argues that lawmakers, not prosecutors, should explain how privacy tools work and how they can be governed. 

For this reason, the EFF points out that developers require clear legal guidance to determine what is acceptable. Without this, the threat of a lawsuit can deter developers and keep them from creating privacy solutions. The group’s brief argues that there should be more openness and that the difference between legal and illicit uses of privacy-enhancing tools should be well-defined.

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As the case goes on, the crypto community has stood its ground for Storm. He has gained more support, and people think that this prosecution is an attempt to end online privacy. This is because the TORN token has been on a rise of almost 50% in the last month due to increased hope for Storm.

Conclusion

The intervention of the EFF shows the increasing conflict between what privacy activists and government agencies want. Only time will tell as to how the law makers and the courts will meet the privacy issue with the issue of criminal conduct. The case can turn out to be a reference point in the continuous discussion on the subject of digital privacy, security, and innovation.

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FAQs

Why is the EFF supporting Roman Storm?

The EFF argues that prosecuting developers like Storm could deter the development of privacy-enhancing technologies and harm innovation in the open-source community.

What charges is Roman Storm facing?

Storm is charged with conspiracy to facilitate money laundering, operating an unlicensed money-transmitting business, and violating U.S. sanctions laws linked to his role in Tornado Cash.

What does “dual-use” technology mean?

“Dual-use” refers to tools, like Tornado Cash, that can be used for both legitimate privacy protection and illegal activities by bad actors.

Why does the EFF oppose the use of IEEPA in this case?

The EFF argues that the IEEPA law was not intended for privacy tools like Tornado Cash and that using it to prosecute developers is an overreach.