In the ongoing persecution of Tornado Cash co-founder Roman Storm, the government has embarked on a crusade that is nothing less than an attack on human freedom and innovation. By criminalizing the creation of open-source code, the Department of Justice (DOJ) is setting a precedent that threatens not only the future of software development but the very concept of individual liberty itself.
Storm stands accused of operating an unlicensed money-transmitting business, conspiracy to commit money laundering, and sanctions evasion—charges that stem from his work on a privacy-enhancing protocol for cryptocurrency transactions. Yet Tornado Cash, a decentralized and non-custodial tool, cannot be categorized as an “operator” or a “business.” It is code, pure and immutable, created to safeguard the privacy of individuals in the digital age.
On Wednesday, Storm turned to X to recount his story, offering followers a compelling account of his experiences. “I am being prosecuted for writing open-source code that enables private crypto transactions in a completely non-custodial manner,” Storm stressed.
He added:
This prosecution represents a terrifying criminalization of privacy.
This prosecution is not about justice but control. The government’s actions reveal a disdain for the individual’s right to privacy, a fundamental aspect of human existence. The presumption that privacy tools are inherently nefarious reflects the bureaucratic desire to monitor, regulate, and ultimately dictate every facet of life. This approach is not merely anti-innovation—it is anti-human. As the Russian-born American novelist and philosopher Ayn Rand said, “The man who lets a leader prescribe his course is a wreck being towed to the scrap heap.”
The most insidious element of this case is its attempt to hold Storm accountable for how others may use Tornado Cash. This would criminalize the very act of creating tools, eroding the principle of individual responsibility that underpins a free society. A gun manufacturer is not culpable for a crime committed with a firearm; neither should a developer be liable for the misuse of neutral code. The conflation of creation with culpability is a moral perversion that serves only to stifle innovation.
“The charges against me threaten to criminalize software development itself. If successful, the implications could extend far beyond the crypto industry, impacting every software developer,” Storm said on Wednesday. “I face up to 45 years in prison on charges including operating an unlicensed money-transmitting business, conspiracy to commit money laundering, and sanctions evasion.”
Storm added:
This case has already had a chilling effect on developers working on software tools. Recently, a developer filed a lawsuit against the DOJ, seeking relief because my case has made them fearful of releasing new software.
Moreover, the prosecution ignores the 2024 Fifth Circuit Court ruling, which declared the sanctions against Tornado Cash unlawful. The government’s disregard for this ruling puts a spotlight on its willingness to trample legal precedent in pursuit of its authoritarian goals. The chilling effect on software developers is already palpable, as fear replaces freedom in the realm of innovation.
Like Edward Snowden, Roger Ver, and many others, Storm’s fight is a battle for every individual who values privacy, freedom, and the right to create. It is a stand against a government that seeks to replace the independent mind with an immoral decree.
“Roman, your work represents the principle that privacy is a human right, not a privilege,” the Veritas Protocol’s X account responded to Storm’s post. “Open source software is the backbone of technological progress and targeting its creators is an attack on innovation and freedom itself!”
The Veritas Protocol added:
The charges against you point out a troubling precedent that could stifle creativity and limit technological advancements across all industries. Developers should not fear prosecution for creating tools that can be used responsibly. Regulator bodies should hold bad actors accountable, not those who enable freedom of choice through code.
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