EFF: Code, Speech, and the Tornado Cash Mixer

Posted Aug 25, 2022 11:33 UTC (Thu) by hummassa (subscriber, #307)
In reply to: EFF: Code, Speech, and the Tornado Cash Mixer by hummassa
Parent article: EFF: Code, Speech, and the Tornado Cash Mixer

The people who were arrested for "making secret compartment in cars" were probably charging for that, or profiting in some way, *IFF* they were arrested for that specific statute.

IANAL, but I was a prosecutor's paralegal in some point of my youth :-)

EFF: Code, Speech, and the Tornado Cash Mixer

Posted Aug 25, 2022 13:48 UTC (Thu) by martin.langhoff (guest, #61417) [Link] (3 responses)

You can make money writing code /for hire/. Or you can make money in the effort of making the software available – if you you've done it as part of work.

EFF: Code, Speech, and the Tornado Cash Mixer

Posted Aug 26, 2022 12:20 UTC (Fri) by hummassa (subscriber, #307) [Link] (2 responses)

But the text of the cited statute restricts prosecution only if you make money FROM someone that is laundering money, _in casu_.

EFF: Code, Speech, and the Tornado Cash Mixer

Posted Aug 26, 2022 12:37 UTC (Fri) by Cyberax (✭ supporter ✭, #52523) [Link] (1 responses)

If you are paid from fees that the mixer gets from the participants, then you can be liable.

EFF: Code, Speech, and the Tornado Cash Mixer

Posted Aug 26, 2022 13:08 UTC (Fri) by hummassa (subscriber, #307) [Link]

And, at this point, we are in the 9th level of "if"s, none of which applies -- in principle, unless proven otherwise -- to Mr. Pertsev.