Blockchain Association Shows Support for Banning Tornado Cash in New Amicus Brief Filing

A nonprofit dedicated to crypto advocacy files an amicus brief in support of banned crypto mixer Tornado Cash.

In a new one announcementThe Blockchain Association says it has filed an amicus brief in the Office of Foreign Assets Controls (OFAC) lawsuit against Tornado Cash, saying the token mixer is “just a tool.”

According to the group, it does not make sense to ban Tornado Cash outright, and the authorities should instead focus on prosecuting individuals who use it illegally, just like any other tool.

“Today, the Blockchain Association filed an amicus brief in support of Tornado Cash in OFAC’s case against the Autonomous Decentralized Software Program.

The issue is simple: Tornado Cash is simply a tool, and OFAC’s attempt to sanction self-executing, privacy-protecting software is a serious overreach that will have far-reaching downstream consequences for Americans’ privacy.

As with other tools, we prosecute the individuals who use these tools for illegal activity, rather than sanctioning or banning the tools themselves. The same approach should apply to OFAC’s approach to Tornado Cash.”

The group says that if OFAC succeeds in its case against the cryptomixer, it could greatly strengthen the regulatory agency, as well as have far-reaching implications for the US crypto industry and citizens’ constitutional rights.

“If OFAC succeeds in its action against these lines of code, it will have serious consequences for the U.S. digital asset industry, endangering the financial privacy of law-abiding Americans, threatening their constitutional rights, and greatly expanding OFAC’s power.”

Earlier this month, Paul Grewal, Coinbase’s general counsel, said he is optimistic that the ban on Tornado Cash will be lifted due to the “powerful” legal arguments being made by the plaintiffs.

Tornado Cash, which collects funds from various sources, commingles them and then redistributes them to increase anonymity, was initially sanctioned by OFAC in August 2022 because it was considered a threat to national security.

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