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Tornado, Samourai, and a Warning: In a surprising and concerning shift, the DOJ has targeted non-custodial crypto wallet developers for unlicensed money transmission, which starkly deviates from longstanding U.S. policy. This abrupt move, seen in recent charges against Samourai Wallet developers and a reply brief in the Tornado Cash criminal case, signals a troubling turn towards regulation by criminal enforcement. Such actions threaten the rule of law, due process, and civil liberties, particularly rights to privacy and free speech. Historically, FinCEN has excluded wallet developers from money transmitter definitions, advocating a clear boundary--independent control--that has supported innovation and developer rights. This new DOJ approach not only blurs these lines but also poses significant risks to both developers and users in the broader tech community. Coin Center is actively challenging these actions, emphasizing the need for clear, consistent policies that uphold fundamental freedoms and the rule of law. Link to our full analysis in the next tweet. |
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