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Tornado Cash Developer's Guilty Verdict Sparks Industry Backlash Over Open-Source Liability

Time :2025-08-09 02:43:49   key word: Tornado Cash, money transmitter laws, open-source software, crypto regulation, d

Landmark Ruling Raises Concerns for Software Developers

The crypto industry is reeling after a New York jury found Tornado Cash developer Roman Storm guilty of operating an unlicensed money-transmitting business on August 6. The verdict—which carries a potential five-year sentence—has ignited fierce debate about the boundaries of developer responsibility for open-source code. While prosecutors failed to secure convictions on more serious money laundering and sanctions charges, the partial verdict establishes what legal experts call a "dangerous precedent" for technology creators.

The Case That Divided Crypto

Storm's prosecution centered on Tornado Cash, the Ethereum-based privacy tool he co-created in 2019. The platform, which obscures transaction trails through cryptographic mixing, became a target for U.S. regulators after analysis showed 【$7 billion】 in mixed funds included proceeds from hacks by North Korean cybercriminals. Despite the developers' claims of non-custodial architecture, Judge Katherine Failla ruled last September that the protocol qualified as a money transmitter under federal law.

——"This fundamentally misapplies financial regulations to neutral technology," argued Blockchain Association CEO Kristin Smith in a post-verdict statement.—— The industry group maintains the ruling could criminalize developers of everything from web browsers to messaging apps if their creations are misused.

Three-Wave Impact on DeFi Ecosystem

The case's implications ripple across multiple dimensions of decentralized finance:

1. Legal Precedent: Establishes that non-custodial protocol creators may face liability under money transmission statutes

2. Developer Exodus: Solana Policy Institute warns of talent flight from U.S. jurisdictions

3. Innovation Chill: Ethereum Foundation pledges 【$500,000】 to Storm's defense, citing threats to privacy tech development

Road Ahead: Appeals and Legislation

With sentencing pending, industry groups are mobilizing on two fronts. The Crypto Council for Innovation confirmed plans to support Storm's appeal to the Second Circuit, while multiple organizations are lobbying for the CLARITY Act—proposed legislation that would exempt certain decentralized protocols from money transmitter classification.

Legal scholar Andrew Rossow notes the split verdict leaves room for challenge: "The jury's deadlock on major charges suggests discomfort with criminalizing code authorship itself." As the case moves through appeals, its final outcome may reshape how regulators approach decentralized technology in the post-Tornado Cash era.