indictment

U.S. Department of Justice: The indictment against Tornado Cash is unrelated to "freedom of speech."

According to ChainCatcher, the U.S. Department of Justice explained why the motion to dismiss the criminal charges by Tornado Cash founder Roman Storm is invalid, as reported by Protos. The Department of Justice reiterated that its indictment is not related to whether the computer code of Tornado Cash is protected by free speech or the First Amendment; the defendant is not being prosecuted for publishing computer code, but for using it to facilitate a profitable illegal business.The Department explained that banks use computer code to process financial transactions. If the code performs the functions of a money transmitter as defined by law, then the code is not merely free speech, but a computer code that humans must ensure is implemented in a manner that does not violate money transmission laws. Tornado Cash is part code, part speech, and part business; overall, it is a human creation. Storm did not just publish code; he operated a business and made operational decisions for years.The Department stated that the Tornado Cash protocol is not equivalent to the Tornado Cash business. Just because Tornado Cash has some open-source code does not mean that all actions involving that code by Roman Storm, as the owner of the Tornado Cash business, are protected by the Constitution. The Department focuses on Storm's purposeful actions. Specifically, prosecutors are focused on the allegation that he knowingly operated a suspected money laundering business that brought him over $1 billion in illegal proceeds to launder over $1 billion in suspected criminal funds.
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