Analysis

Blockchain Association Shows Support for Banned Tornado Cash in New Amicus Brief Filing

A nonprofit group devoted to crypto advocacy is submitting an amicus temporary in assist of the banned crypto mixer Twister Money.

In a brand new announcement, the Blockchain Affiliation says that it has filed an amicus temporary within the Workplace of International Property Management’s (OFAC) lawsuit in opposition to Twister Money, saying that the token mixer is “merely a instrument.”

In line with the group, it doesn’t make sense to ban Twister Money outright and authorities ought to as a substitute concentrate on prosecuting people who use it in an unlawful method, similar to another instrument.

“As we speak, Blockchain Affiliation filed an amicus temporary in assist of Twister Money in OFAC’s case in opposition to the autonomous, decentralized software program program.

The problem at hand is easy: Twister Money is just a instrument, and OFAC’s try and sanction a self-executing, privacy-protecting piece of software program is a grave overreach that may have sweeping downstream penalties for Individuals’ privateness.

As with different instruments, we prosecute the people who use these instruments for illicit exercise, slightly than sanctioning or banning the instruments themselves. The identical strategy ought to maintain true for OFAC’s strategy to Twister Money.”

The group says that if OFAC is profitable in its case in opposition to the crypto mixer, it may significantly empower the regulatory company in addition to have far-reaching implications for the US crypto trade and the constitutional rights of residents.

“If OFAC succeeds of their motion in opposition to these strains of code, there might be severe impacts on the US digital belongings trade, jeopardizing law-abiding Individuals’ monetary privateness, threatening their constitutional rights, and significantly increasing OFAC’s energy.”

Earlier this month, Paul Grewal, Coinbase’s chief authorized officer, mentioned he’s optimistic that the ban on Twister Money might be overturned as a result of “highly effective” authorized arguments being made by the plaintiffs.

Twister Money, which swimming pools collectively funds from differing sources, mixes them up after which redistributes them to extend anonymity, was initially sanctioned by OFAC in August 2022 as a result of it was deemed to be a risk to nationwide safety.

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