In their in-depth analysis, “Tornado Cash and the Boundaries of Money Transmission,” the Stanford Blockchain Club took a hard look at how the Department of Justice (DOJ) wielded 18 U.S.C. § 1960 to charge Storm and Semenov back in 2023. The DOJ claims that Tornado Cash, a privacy-focused protocol running on the Ethereum blockchain, is essentially an “unlicensed money transmitting business.”
The club argues that using antiquated laws like Section 1960 on modern decentralized blockchain tech is like fitting a square peg in a round hole. Tornado Cash functions via unchangeable smart contracts, giving users the power to cloak their transactions without any middlemen. Here, users keep total control over their tokens from start to finish, unlike traditional custodial services.
“The DOJ’s aggressive application of 18 U.S.C. § 1960 in this case raises questions that extend far beyond the immediate context of blockchain technologies,” the Stanford Blockchain Club’s report states. “At its core, this prosecution exemplifies the dangers of allowing unelected officials to stretch statutory language to address novel challenges, inviting the judiciary to act beyond their constitutional authority and usurp the power of Congress by legislating from the bench.”
The analysis adds:
Such an approach bypasses the democratic process, undermining the constitutional framework that vests legislative authority in Congress and enforcement discretion in the executive.
The Stanford Blockchain Club‘s report strikes a chord, especially since Stanford University is known as a powerhouse for both legal and tech wizardry. Stanford Law School (SLS), always near the top of the U.S. law school rankings, has churned out game-changing legal takes on new tech for years. The blockchain club’s report fits right into this tradition, tackling where law, privacy, and decentralized finance (defi) meet.
Tornado Cash brings to light a big debate: how to juggle financial privacy with regulatory watchfulness. The study points out that tools like Tornado Cash tap into a real need for keeping identities under wraps during transactions. Critics, including the Stanford Blockchain Club and Coin Center, say making these tools illegal mixes up their proper use with misuse.
The report links Tornado Cash to old-school encryption battles, like those over Pretty Good Privacy (PGP), hinting that going after privacy protocols might set a risky example. It also sounds the alarm that heavy-handed regulations could knock the U.S. off its perch as a tech and innovation leader.
The club’s research also flags dangers for the wider tech scene, particularly for non-custodial fintech software makers. Stretching Section 1960 to cover open-source protocol developers could mess with everyday stuff like peer-to-peer payments and decentralized exchanges, potentially holding back innovation.
The Stanford Blockchain Club’s report pushes for straightforward, future-focused regulations made through democratic means, not just court rulings. It insists that this kind of clarity is key to keeping faith in the U.S. legal system and staying ahead in the global tech race.
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