Ah, Tornado Cash — that terrible enemy that made US authorities throw all their efforts into protecting humanity... from computer code. Not from fraudsters, not from hackers, but specifically from a soulless string of characters that, unfortunately for bureaucrats, cannot be interrogated, arrested, or sentenced to life imprisonment.
So, what happened?
- The USA apparently decided that the threat to their nation is not data leaks or organized crime, but a protocol that simply helps people conceal their transactions. Obviously, instead of pursuing real criminals, it's better to ban the very tool they might use. After all, an axe can also be blamed for being able to chop wood and heads, right?
- Sanctions against Tornado Cash are based on brilliant logic: if hackers used your tool, you are guilty. So, dear developers, think twice before inventing anything. Just in case, stop writing code and do something safe, like knitting.
What's up with the Constitution?
Ah, it's such a trivial matter. The First Amendment? Forget it. Free speech is, of course, wonderful, but if your 'nonsensical' code interferes with the authorities' ability to surveil everyone, then sorry, your creativity is illegal. Apparently, in the USA, developing software is now equated with a crime if it is smart enough to protect users' anonymity.
Conclusions
- US authorities, who are supposed to protect the Constitution, apparently decided that sometimes it can be a little... ignored. After all, the right to free speech and creativity should only be protected when it's convenient.
- The developers of Tornado Cash became scapegoats not for their actions, but for creating a tool that was used by *others*. The logic is astounding: it's like blaming a pot manufacturer because someone cooked illegal soup in one of their pots.
In the end, the USA demonstrated an amazing example of 'protecting democracy' while managing to trample its core principles. If that's not a reason for pride, then what is?
Glory to common sense and a couple of reasonable people who still decided that the Constitution is not just a pretty piece of paper! The court overturned the sanctions against Tornado Cash, reminding the authorities that protecting free speech is not a hobby, but a duty. Yes, apparently, someone in the system still remembers that technology is not a criminal, but a tool.
But here's the problem: the developers of Tornado Cash, Roman Storm and Alexey Pertsev, are still being pursued. These poor fellows, instead of enjoying their talent for creating something new, have to think about how to prove that writing code is not a crime.
So what are they supposed to do now?
- Maybe, get into the habit of writing on paper, so as not to be accused of creating 'dangerous' protocols?
- Or, even better, just start working in the field of art: wire sculptures are unlikely to fall under sanctions... for now.
Question to the audience:
What should developers do, who only invent tools that someone somewhere might abuse? Quit their profession and wait for the day when authors of books are jailed for their characters committing crimes? Or hope that there will be more reasonable people, and they will finally understand: actions, not technologies, should be punished?
If this goes on, the next step might be a ban on developing Swiss army knives — too many functions, which means too many ways to fall under the law.