Tornado Cash's Founders Are Charged With Money Laundering: How Much Privacy Is Too Much?

Tornado Cash, a cryptocurrency platform renowned for its privacy capabilities, is once again in the news for all the wrong reasons.

The Southern District of New York released an indictment against the platform's proprietors, Roman Storm and Roman Semenov, centered on the platform's alleged role in laundering more than $1 billion:

"The charges in the Indictment stem from the alleged creation, operation, and promotion of Tornado Cash, a cryptocurrency mixer that facilitated over $1 billion in money laundering transactions and laundered hundreds of millions of dollars for the sanctioned North Korean cybercrime organization Lazarus Group."

 

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Further complicating matters are its ties to the Lazarus Group, a North Korean cybercrime organization that has been previously sanctioned by the US and was warned by the FBI on August 22 of a $40 million BTC sale.

Despite its positioning as a solution to privatize cryptocurrency transactions, the current allegations against the Tornado Cash developer call its operations into question. According to regulators, the platform's function as a cryptocurrency aggregator played a crucial role in what may have been one of the largest money laundering operations in the digital currency space:

"Today's indictment serves as a reminder that money laundering through cryptocurrency transactions is illegal, and those who engage in it will be prosecuted"

However, the question of where the industry should draw the line between technological advancement and ethical responsibility persists.

Alexey Pertsev, another Tornado Cash developer, was arrested in the Netherlands on August 10, 2022 for alleged "participation in concealing criminal financial flows and facilitating money laundering through the mixing of cryptocurrencies via the decentralized Ethereum mixing service Tornado Cash."

He was detained in a Dutch penitentiary pending the filing of accusations for money laundering. He was released on house arrest on April 20, 2023, pending trial.

 

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Consider the dualistic nature of technology. In the crypto space, platforms like Tornado Cash provide private and necessary features. However, their potential for abuse cannot be disregarded. Where then lies responsibility?

While it is simple to designate creators as enabling evil actors such as the Lazarus Group, we must distinguish between creation and misuse. The majority of inventors are unable to foresee every possible turn their inventions may take in the real world. However, technological innovation conveys with it an inherent obligation to anticipate and address potential hazards.

By developers, industry leaders, policymakers, and the general public actively discussing new technologies, the industry can establish a balance between progress and values.

Moreover, incorporating ethics from the earliest stages of development is a practical necessity. If tech professionals and legislators collaborate during the development phase, many post-launch concerns can be proactively addressed.

This is especially true when lawmakers do not adhere to the laws they establish.

In a recent op-ed for Coin Center, Peter Van Valkenburgh explained that under FinCEN law, crypto mixers do not automatically become money transmitters based on who uses it, as "these activities are merely the communication and publication of software and data:"

"However, does the indictment contain any evidence that the defendants engaged in activities that constitute money transmission under the applicable law?"

According to Van Valkenburgh, profiting or advertising from software development does not inherently equate to providing regulated financial services, despite the arrests of multiple Tornado Cast developers.

Consider the dualistic nature of technology. In the crypto space, platforms like Tornado Cash provide private and necessary features. However, their potential for abuse cannot be disregarded. Where then lies responsibility?

While it is simple to designate creators as enabling evil actors such as the Lazarus Group, we must distinguish between creation and misuse. The majority of inventors are unable to foresee every possible turn their inventions may take in the real world. However, technological innovation conveys with it an inherent obligation to anticipate and address potential hazards.

By developers, industry leaders, policymakers, and the general public actively discussing new technologies, the industry can establish a balance between progress and values.

 

ALSO READ:France investigates Binance for alleged money laundering

 

Moreover, incorporating ethics from the earliest stages of development is a practical necessity. If tech professionals and legislators collaborate during the development phase, many post-launch concerns can be proactively addressed.

This is especially true when lawmakers do not adhere to the laws they establish.

In a recent op-ed for Coin Center, Peter Van Valkenburgh explained that under FinCEN law, crypto mixers do not automatically become money transmitters based on who uses it, as "these activities are merely the communication and publication of software and data:"

"However, does the indictment contain any evidence that the defendants engaged in activities that constitute money transmission under the applicable law?"

According to Van Valkenburgh, profiting or advertising from software development does not inherently equate to providing regulated financial services, despite the arrests of multiple Tornado Cast developers.


Chris Eberechi

351 Blog posts

Comments
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