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Blockchain

What is Tornado Cash?

A decentralized cryptocurrency mixing protocol on Ethereum that was sanctioned by the US Treasury in August 2022 — the first time the US government sanctioned a piece of open-source software rather than a person or entity, raising fundamental questions about code as speech.

Also known as: Tornado Cash Sanctions, Tornado Cash Ban

The Tornado Cash sanctions represent the most aggressive government action against financial privacy technology — and set a precedent that writing and publishing code can be treated as a sanctionable offense.

What Tornado Cash Did

  • Smart contract on Ethereum that broke the link between sender and receiver of crypto transactions
  • Users deposited ETH or ERC-20 tokens, received a "note" (cryptographic proof), and could withdraw later from a different address
  • Used zero-knowledge proofs to verify withdrawals without revealing which deposit they correspond to
  • Made Ethereum transactions private — something the public blockchain doesn't provide by default
  • Used by both privacy-seekers and, in some cases, by hackers laundering stolen funds

The Sanctions

August 8, 2022

  • US Treasury's OFAC (Office of Foreign Assets Control) added Tornado Cash to the Specially Designated Nationals (SDN) list
  • First time a neutral software tool (rather than a person or entity) was sanctioned
  • All US persons prohibited from interacting with Tornado Cash smart contracts
  • GitHub deleted the Tornado Cash repository and banned contributor accounts

The Arrest

  • Alexey Pertsev, one of Tornado Cash's developers, was arrested in the Netherlands in August 2022
  • Convicted of money laundering in May 2024 and sentenced to 64 months in prison
  • Convicted for writing code that others used for illicit purposes

Legal Challenge

  • Coin Center and six individuals challenged the sanctions in court
  • In November 2024, a federal appeals court ruled that immutable smart contracts are not "property" that can be sanctioned under IEEPA
  • The legal battle continues but the ruling was a significant win for code-as-speech arguments

Why It Matters

Code as Speech

If developers can be sanctioned or arrested for writing open-source software, it creates a chilling effect on all privacy technology development. By this logic, Tor developers, VPN creators, and encryption implementers could face similar treatment.

Privacy Is Not a Crime

The majority of Tornado Cash users were seeking ordinary financial privacy — the same kind banks provide by default. Using a privacy tool does not imply criminal activity.

Precedent for Privacy Coins

If the US government can sanction a mixing protocol, it can potentially sanction privacy coins (Monero, DERO, Zcash) or any technology that provides financial privacy.

The Financial Privacy Tension

Tornado Cash highlights the fundamental conflict between:

  • Government's interest in tracking financial transactions (anti-money laundering, sanctions enforcement)
  • Individual's right to financial privacy (a basic aspect of personal freedom)
  • Developer freedom to write and publish code (First Amendment / free expression)

Related Terms

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