Changtui A Brief Review of the Evil Judgment on Tornado Cash
Changtui's brief review of Tornado Cash's evil judgment
Original Title: Tornado Cash (TC) OFAC Ruling Today
Original Author: BawdyAnarchist
Original Source: twitter
Translation: Kate, Marsbit
Note: This article is from @BawdyAnarchist_ Twitter, MarsBit has organized it as follows:
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The government has won in all aspects. This case is unfortunate in almost every way and reading it is painful. As always, I recommend you read it for yourself. Here’s a summary from me.
https://storage.courtlistener.com/recap/gov.uscourts.txwd.1211705/gov.uscourts.txwd.1211705.94.0.pdf
I despise the government’s assumption of authority and implied ownership over the Earth. While sometimes good consciousness and principles can be seen in court cases, this is not one of them, which makes it particularly painful for me to put on the hat of the law (to think in that paradigm).
According to the administrative power prescribed by the sacred graffiti (also known as “law”), this is a ruling that should be in favor.
Simply put, TC, as a consortium (founders, DAO, developers), is interested in smart contracts, which bring them profits through “relayers”.
It is incorrect to isolate the contract and say “they are banning the code”.
TC is an unfortunate example where the overall nature of its activities and the nature of the consortium can easily be interpreted as a sanctionable entity. The reasoning is clear…
Founders, DAO, and developers coordinate funds, development, promotion, and deployment of contracts for profit.
Funds are deposited into a shared Ethereum account, where the funds are mixed with well-known nefarious entities.
Be careful! I’m not arguing morals, I’m arguing “law”. They did not distinguish the personnel consortium that deploys mixed contracts on private servers and public virtual machines. Especially when the consortium directly profits from these mixed contracts.
This is an unfortunate example of how not to implement private/anonymous financial software.
But in this case, TC is not the only unfortunate party. The judge has also done some unsightly things here. First, he claims that the TC contract is not a public place/forum.
This is questionable because he simply made an outright assertion without any rational support, and then quickly turned to make the correct distinction between “publishing” and “executing” the code.
However, he muddles some issues, perhaps intentionally?
The TC *contract* exists on a publicly accessible virtual machine. One might think that publishing code is synonymous with executing code.
Furthermore, even if the TC *consortium* has an interest in these contracts, can you legally trap US bystanders in them?
These are novel legal issues that are worth exploring. I don’t know if the judge is truly evil or if TC’s lawyer simply presented a weak case.
But disappointingly, this hasty judgment gives the impression that these issues have not been properly addressed.
The last thing the judge did was to completely reject what I considered to be the strongest argument…
These three US citizens (and plaintiffs) did not receive any procedures before their funds were lawfully trapped in the TC contract. (They are now prohibited from accessing the contract)
The judge stated that TC’s lawyer “abandoned” this argument because they did not request summary judgment or “adequately pursue the claim”.
Once again, I want to emphasize that my legal knowledge is limited and I cannot assess whether this is malicious intent on the part of the judge, poor performance by the TC lawyer, or a combination of both.
All of this is disappointing.
TC is implemented as an association that directly benefits from contract calling. The influence of Congress/bureaucracy on serfdom. Judges are considered the most important. Mediocre TC lawyers. Cryptobros lack understanding.
But I want to leave everyone with a positive impression. Monero has stronger legal defensibility. You never send money to a common address. The inputs to your mixing ring are not obvious/transparent. The software execution does not directly generate development taxes or profits.
Although I prefer to “fight them there” and hope to see TC win, Monero contrasts sharply with TC’s design and implementation.
OFAC may never label #XMR as a network like TC. Because if they did, they know they would lose.
