EFF joins Roman Storm's defense 🔥

Tornado Cash sanctions reversal is not "irrelevant", says EFF, urging the court to directly dismiss the criminal charges against the Tornado Cash developer.

"If Congress wishes to pass a law that is intended to reach a tool like Tornado Cash, it can do so."

If the court does not wish to dismiss the case on grounds of the reversal of sanctions, it should dismiss the case on grounds of due process, says EFF:

Because the Government's argumentation is a too broad interpretation of the law, it runs the risk of criminalizing privacy software development as an expression of free speech.

The court "should clearly reject the implication that any tool that allows (or supports) people having 'enhanced anonymity' is inherently suspect."

The EFF additionally rejects the Government's argumentation that Storm attempted to profit from illicit activity:

"The argument is akin to claiming that Visa or MasterCard would be criminally liable based solely on receiving transaction fees whenever its customers transferred money as part of some underlying criminal activity."

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