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Blockchain Association Files Another Amicus Brief Supporting Tornado Cash, Says Crypto Mixer Is ‘Simply a Tool’

by Mehron Rokhy
June 3, 2023
in Blockchain, Regulators

Blockchain Association, a nonprofit group dedicated to crypto advocacy, is filing a second amicus brief in support of the banned crypto mixer Tornado Cash.

In a new announcement, the group says it is filing an amicus brief in favor of Coin Center’s lawsuit against the Office of Foreign Asset Control (OFAC), arguing that the regulatory body banning a tool anyone can use runs counter to US values.

As stated by Kristin Smith, The Blockchain Association’s chief executive,

“It’s critical to recognize that Tornado Cash is simply a tool – punishing the tool itself simply because it can be used by anyone, including bad actors, runs contrary to the values this country was founded upon.

Blockchain Association stands with Coin Center, advocating for the responsible and lawful use of blockchain technology. Regulatory actions should only be targeted at bad actors who abuse this tool for illegal purposes.”

Coin Center, a nonprofit policy-focused crypto research firm, first filed the lawsuit against OFAC in October 2022, saying that the regulatory agency had “exceeded its statutory authority” when it sanctioned the crypto mixer in August 2022 and that Tornado Cash had no control over how it was applied.

In April, the Blockchain Association also filed an amicus brief in favor of Tornado Cash in OFAC’s lawsuit against the digital asset mixer, saying it was “simply a tool” and that authorities should instead focus on prosecuting individuals who use it in an illicit manner.

“The issue at hand is simple: Tornado Cash is simply a tool, and OFAC’s attempt to sanction a self-executing, privacy-protecting piece of software is a grave overreach that will have sweeping downstream consequences for Americans’ privacy.

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

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