"EFF Defends Tornado Cash Developer: Privacy vs. Prosecution"

The Electronic Frontier Foundation (EFF), a leading digital rights group, has filed an amicus brief in support of Roman Storm, a developer of the crypto privacy protocol Tornado Cash (TORN). Storm has been charged with conspiracy to facilitate money laundering, operating an unlicensed money transmitter, and violating sanctions in relation to his work on the Tornado Cash protocol.

The EFF argues that the government's prosecution of Storm raises significant civil liberties concerns that could have a chilling effect on the future development of privacy-enhancing technologies. The core issue in the case is whether developers should be held responsible for how their tools are used, rather than prosecuting bad actors directly. This could deter privacy-focused software development, as nearly all privacy and anonymity protective tools have dual-use potential, like physical masks or paper cash.

The EFF contends that the government's reliance on the International Emergency Economic Powers Act (IEEPA) to impose economic sanctions and restrict transactions during national emergencies is inappropriate in this case. If the government believes it is appropriate to criminalize these technologies, it must seek relief from Congress and not rely on IEEPA or other laws deployed in this prosecution.

The EFF argues that if Congress wants to regulate tools like Tornado Cash, it has the authority to pass a law that clearly distinguishes legal from illegal use. However, the prosecution in this case fails to provide that clarity. The TORN token has seen a nearly 50% increase in the last month, reflecting optimism about a favorable outcome for Storm.