Various pro-crypto organizations step up to defend Roman Storm, the creator of Tornado Cash, challenging the government's legal position on privacy protocols.

Several groups in favor of cryptocurrency have come out in support of Roman Storm, who developed the privacy protocol Tornado Cash on Ethereum. Storm, arrested in August for his involvement with the platform, is facing charges. He has recently moved to dismiss these charges, arguing against how the government is representing Tornado Cash and blockchain technology.

One of the co-founders, Roman Semenov, is currently on the run, while Alexey Pertsev is waiting for his trial outcome in the Netherlands. Coin Center, the Blockchain Association, and the DeFi Education Fund have submitted amicus briefs defending Storm and challenging the government's case against him.

Although the briefs were filed separately, they all present similar arguments against the charges. They object to the government's portrayal of Tornado Cash as an unregistered money-transmitting business, a definition that the organizations believe misunderstands existing laws and regulations.

These documents focus on the technical aspects of Tornado Cash, asserting that the developers do not directly control user assets. The groups are concerned about the implications for developers if the court agrees with the government, as it could make it nearly impossible for software creators to comply with certain laws.

Challenges to Tornado Cash Classification by Blockchain Association

The Blockchain Association's brief criticizes the government's understanding of Tornado Cash, noting inconsistencies with FinCEN's definitions. It emphasizes the independent nature of the software, highlighting that developers do not oversee user transactions.

The association's stance suggests a fundamental disagreement with labeling Tornado Cash as a money-transmitting service, as it could threaten the future of privacy protocols and raise doubts about adhering to the Bank Secrecy Act for developers.

Coin Center's brief addresses the charge of conspiracy to violate the International Economic Emergency Powers Act (IEEPA) by invoking a First Amendment defense. It argues that decisions regarding the software's release were made before any knowledge of misuse by malicious groups, such as the Lazarus Group.

Drawing parallels with the open-source software Linux, Coin Center argues that implicating Tornado Cash's developers in sanctions violations is unfair. The organization stresses the necessity of shielding software creators from broad interpretations of complicity.

Concerns About Criminalizing Software Developers by DeFi Fund

The DeFi Education Fund's brief presents a concerning view of potential outcomes resulting from the case against Storm. It warns against establishing a legal precedence that could make software developers criminally liable for how others use their open-source code.

This perspective suggests a wide-reaching prosecutorial power that could place developers at risk for actions taken by others long after the release of their software. The brief underscores the lack of boundaries, which could leave developers vulnerable to liability for unforeseen consequences of their creations.