Treasury officials would have done more for national security by leaving Tornado Cash alone

the sanction and the threat represented by sanctioning code as speech, and two lawsuits have been filed to push back against OFAC’s efforts.

Two significant legal challenges brought forward a few weeks prior that poked holes in OFAC’s designation are the likely source of the “new information.” OFAC can only sanction groups, not computer code, and OFAC seems to be pushing a novel theory in its second designation that the decentralized autonomous organization around Tornado Cash was part of a group, even though the DAO had no power to change the code since the admin key was burned.

But did it really? Privacy tools require a large anonymity set to work. That’s the only way that small transactions by ordinary users can hide in a large crowd. And it works only if privacy tools are used correctly, without privacy mistakes like making mirror transfers into and out of shielded assets within a short timeframe.Consider that when North Korean hackers made that specific transfer, it represented 20% of the entire Tornado Cash pool.

Society doesn’t countenance the sanctioning of things merely because criminals happen to use them. Criminals drive on roads. They use tools available at the hardware store. They use these things in furtherance of their crimes.

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