[HN Gopher] Tornado Cash devs charged with laundering more than $1B
       ___________________________________________________________________
        
       Tornado Cash devs charged with laundering more than $1B
        
       Author : Analemma_
       Score  : 78 points
       Date   : 2023-08-23 21:24 UTC (1 hours ago)
        
 (HTM) web link (www.theverge.com)
 (TXT) w3m dump (www.theverge.com)
        
       | steno132 wrote:
       | Crypto's still alive. The grifters get indicted, the greedy pivot
       | to AI and only the true believers will remain.
       | 
       | And they're building, and they'll keep building, and a more open
       | financial system will be built.
       | 
       | It might take decades but it will happen.
        
       | LapsangGuzzler wrote:
       | > Storm suggested creating a version of Tornado with KYC / AML
       | enabled, but Tornado's unnamed venture capital investors were
       | dismissive, saying, "I just don't know if anyone will actually
       | want this." The investor added, "It would be unlikely as a fund
       | that we'd use a 'compliant mixer.'"
       | 
       | Doesn't this directly implicate the investor as well?
       | 
       | It's always frustrating to see founders punished and the money
       | get away scot free when everyone knows they're pressuring the
       | founders to grow at all costs.
        
         | ajross wrote:
         | That sourcing of that paragraph is pretty ambiguous. My guess
         | is that this is coming from the Romans' lawyers, and it's
         | precisely that: an attempt at constructing a defense where they
         | were just pawns of a bigger fish. And maybe it'll work, but
         | given the context I'd apply salt until we have a name attached
         | to the "unnamed venture capital investors" and some level of
         | documentation of that conversation.
        
           | miracle2k wrote:
           | It's from the indictment: https://twitter.com/matthew_d_green
           | /status/16944144228049965...
        
       | jacoblambda wrote:
       | Well that's a terrifying precedent they are trying to set.
       | 
       | Tornado Cash devs blocked known OFAC sanctioned addresses or
       | associated addresses from interacting with the service yet they
       | are still being put on the hook for people hiding their identity
       | to attempt to bypass those sanctions.
        
         | stefan_ wrote:
         | This isn't a precedent at all. As expected, prosecutors were
         | not impressed by the blockchain smokescreen. People were joking
         | about this programmer habit of thinking they can just inject
         | "reasonable doubt" into everything and be fine years ago on HN,
         | and that's just not how lawyers look at things.
        
           | xigency wrote:
           | But you see your honor, I'm a sovereign citizen!
           | 
           | For some reason too much time spent working with machines
           | clouds the judgement of how law and the court work.
        
         | woodruffw wrote:
         | I don't think this is unprecedented: the USG's reasoning
         | (appears) to be that all actions here were ultimately the
         | product of human behavior.
         | 
         | Put another way: it's still a crime to kick puppies, even if
         | you only indirectly kick puppies through your newly-invented
         | fully-automatic Puppy Kicker 3000.
         | 
         | Edit: to refine the analogy: it doesn't stop being a Puppy
         | Kicker 3000 just because you add a screening phase that
         | eliminates puppies designated by the American Kennel Club.
        
           | qot wrote:
           | No, put another way this is Nike getting punished for
           | creating a shoe that was used to kick puppies.
        
             | woodruffw wrote:
             | The purpose of kicking puppies is not embedded in the
             | concept of a Nike sneaker.
        
             | rajamaka wrote:
             | Creating a shoe specifically designed for kicking puppies
             | with enhanced puppy kicking features and instructions on
             | how to kick puppies with said shoe
        
           | nabakin wrote:
           | Your analogy would only make sense if Tornado Cash (Puppy
           | Kicker 3000) was created for the purpose of money laundering
           | (kicking puppies), but it seems like it was created for
           | consumer privacy reasons.
        
             | CPLX wrote:
             | Privacy for consumers of money transmitting services is
             | called money laundering.
        
               | Ar-Curunir wrote:
               | Seems like cash users (everyone) and cash issuers (the
               | government) are money launderers under this exceedingly
               | broad definition.
        
           | sneak wrote:
           | If someone took the Tornado Cash contract source code and
           | redeployed it on Ethereum under a new contract address today
           | and people began using it, do you think someone deploying
           | such a contract should face similar charges?
           | 
           | Should the original developers face additional charges for
           | that?
           | 
           | What if the original developers only published the contracts
           | but never deployed them on Ethereum, leaving that up to
           | someone else to do? Is it the author or the deployer or the
           | user who is liable?
           | 
           | I mean, someone has to be liable if it didn't exist before
           | and then it did, but if it's the author and not the deployer,
           | you could be charged for code you wrote entirely offline and
           | published to GitHub (if someone else later deploys it and it
           | sees use).
        
             | thisgoesnowhere wrote:
             | In this case the "devs" are the owners and operators and
             | they profit on the contract being run.
             | 
             | The answer to all of your questions is the same. When you
             | run this code to facilitate money laundering the deployer
             | gets in trouble and that's how it should be I can't imagine
             | how else it could work.
        
             | woodruffw wrote:
             | My "should" doesn't enter into it. What matters is whether
             | it's indistinguishable from a criminal enterprise, which it
             | is.
        
         | ajross wrote:
         | There's no section 230 for money laundering. If you want safe
         | harbor from the crimes of your customers, you need to lobby for
         | explicit protection in the law.
         | 
         | In this case, there _actually are safe harbor laws_ in place
         | that protect banks from being prosecuted in exactly this way as
         | long as they correctly implement KYC /AML protocols. Tornado
         | didn't feel they wanted to do this, so quite deliberately and
         | publicly flaunted the law that would have protected them. And
         | this is what happens.
         | 
         | What's the "precedent" being set exactly here? Follow the law
         | like your competitors do and you won't get fingered as an
         | accomplice?
        
           | lucisferre wrote:
           | So "move fast, break things" isn't a valid defence?
        
             | klyrs wrote:
             | Gotta move fast enough you can't get caught.
        
         | MattPalmer1086 wrote:
         | And also gave advice on how to remain anonymous, and put in
         | place no AML or KYC processes.
        
           | EGreg wrote:
           | Oh, the nerve of developing a piece of software, and advising
           | people on how to not put in place processes! I thought the
           | default state of transactions was not putting in place
           | processes. How exactly do we square this with freedom of
           | speech? When Phil Zimmerman published the book with the PGP
           | source code, Could they have simply arrested him for
           | exporting munitions despite the first amendment? That is a
           | serious question, how come he was able to get away?
        
             | JohnFen wrote:
             | > How exactly do we square this with freedom of speech
             | 
             | Freedom of speech in the US is not, and never has been,
             | absolute. There is all sorts of speech that is illegal to
             | engage in.
             | 
             | > That is a serious question, how come he was able to get
             | away?
             | 
             | He was absolutely investigated for ITAR violations, but the
             | government elected not to press charges in the end. I
             | forget why they made that decision, but I think it was a
             | combination of the book being published only in the US at
             | the time (which was undeniably legal) plus the huge amount
             | of pressure -- especially public ridicule -- from the
             | hacker community about the ridiculousness of the ITAR
             | regulations.
        
           | zoklet-enjoyer wrote:
           | Might as well ban cash transactions and any services that
           | facilitate cash transactions.
        
         | Paul-Craft wrote:
         | I don't see where it says in the article that they were
         | blocking known OFAC sanctioned addresses, _etc.,_ but they do
         | state that they were operating without any KYC provisions
         | whatsoever, and that is a big no-no if you don 't want to run
         | afoul of money laundering laws in the US:
         | 
         | > Tornado Cash operated without know-your-customer (KYC) or
         | anti-money laundering (AML) programs as required by US law, the
         | document alleges. It also did not register with FinCEN as a
         | money-transmitting business, the indictment says. Semenov and
         | Storm also created a document called "Tips to Remain
         | Anonymous," which advised customers to consider using Tor or a
         | VPN, delete data from their web browsers, and leave their money
         | in Tornado for longer periods of time to better anonymize their
         | transactions. They also advised users to employ different IP
         | addresses for deposit and withdrawal.
         | 
         | As a bonus, the investors _wouldn 't fund_ a compliant version:
         | 
         | > Storm suggested creating a version of Tornado with KYC / AML
         | enabled, but Tornado's unnamed venture capital investors were
         | dismissive, saying, "I just don't know if anyone will actually
         | want this." The investor added, "It would be unlikely as a fund
         | that we'd use a 'compliant mixer.'"
         | 
         | I'd say these investors are as complicit in whatever conspiracy
         | the devs are being charged with as well.
        
         | [deleted]
        
       | st3fan wrote:
       | > Storm and Semenov in fact knew that they were helping hackers
       | and fraudsters conceal the fruits of their crimes."
       | 
       | Let me fix that for you ...
       | 
       | Storm and Semenov in fact knew that they were helping criminals
       | conceal the fruits of their crimes."
        
         | [deleted]
        
       | gloryless wrote:
       | Seems like it wasn't writing and giving away the tool but running
       | it as a service? I don't know the facts here, was it OSS as well
       | a service?
        
       | r1ch wrote:
       | Wouldn't the developers of privacy-focused blockchains like Zcash
       | and Monero also be liable under this logic? Surely they also knew
       | that criminals would use anonymous transactions and they did
       | nothing to implement KYC / AML.
        
         | baby wrote:
         | I have the same question. I know people who created blockchains
         | that were specifically not privacy coins (when they could have
         | done it) specifically because they were scared of going to
         | prison.
        
         | dylkil wrote:
         | There was evidence that north korea specifically used tornado
         | cash to hide stolen crypto, which is where this has all stemmed
         | from
        
           | robotnikman wrote:
           | I wouldn't be surprised if crypto makes up a good chunk of
           | their cash right now. They have definitely stepped up their
           | hacking attempts in the last decade.
        
         | EGreg wrote:
         | Actually, with governments around the world, increasingly
         | stepping up the war on end to end, encryption, anyone caught
         | developing software that facilitates encrypted communication
         | without allowing the government to execute a man in the middle
         | attack, will be liable for anything that takes place on those
         | networks. Whether it's sharing, illicit content, seditious,
         | content, or planning some sort of violent act, or perhaps
         | sending billion dollar transactions through encrypted channels
         | in an attempt to circumvent capital controls, or hiding their
         | speech from censorship, thereby harming the body politic with
         | vaccine, denial, or criticizing some war effort. The list goes
         | on and on. The United States has literally the best protections
         | for freedom of speech of any country in the world, and even
         | here there are constant attacks on encryption. So yes, I think
         | they would simply go after the businesses first, since those do
         | The actual transactions. Every business would have to look over
         | their shoulder every time they use paper, cash, or Z cash, or
         | Monero. If they use an encrypted channel to communicate, they
         | can get a knock on the door from the state. And that's in this
         | country. The majority of other countries are much worse.
        
         | holmesworcester wrote:
         | The developers of Signal, WhatsApp, iMessage, Matrix, Tor, and
         | BitTorrent would also be liable under this logic.
        
           | woodruffw wrote:
           | This is a false sense of solidarity: each of the above (with
           | _maybe_ the exception of BitTorrent) is a communications
           | platform, not something expressly designed to violate KYC
           | /AML laws.
           | 
           | The USG can be legitimately accused of all kinds of gross
           | excesses, but they can't be accused of not understanding the
           | difference between these things. Pretending otherwise doesn't
           | do any party any particular justice.
        
           | ForHackernews wrote:
           | None of those are money transfer protocols, AFAIK. Except
           | wasn't Signal adding some cryptocurrency silliness too? So
           | maybe they would be liable.
        
           | baby wrote:
           | Movement of money is different from movement of information.
           | That being said I believe Signal has a cryptocoin nowadays.
        
       | ShamelessC wrote:
       | Good riddance. A lot of people here defended the living hell out
       | Tornado. Hopefully this will change your mind but somehow I doubt
       | it.
        
         | monero-xmr wrote:
         | Why would this change my mind? They created Tornado, government
         | said it was illegal a year ago, now they are arrested. I still
         | think having a panopticon watching all financial transactions
         | is bad, and cash should not be outlawed. I also think watching
         | all my internet history is bad, so I use tools to hide that
         | above and beyond what the default legal protections are,
         | because I don't trust the government, ISPs, and adtech data
         | miners.
        
           | JohnFen wrote:
           | > cash should not be outlawed
           | 
           | Good news! It's not.
        
         | Ar-Curunir wrote:
         | Yes, because the government only prosecutes people who do "bad"
         | things.
        
         | [deleted]
        
       | holmesworcester wrote:
       | How many people here on HN have submitted a PR that criminals
       | could use to do bad things?
       | 
       | Security tools, encrypted messaging, jailbreaking tools, VPNs,
       | file hosting tools, anonymity tools...etc.
       | 
       | The complaint itself cites 'writing instructions on how to use a
       | VPN' as evidence that the developers were knowingly doing
       | something criminal. A VPN!
       | 
       | You might hate crypto and believe that open source private money
       | is different than open source private messaging. But that is not
       | what the government's ability to jail these developers hinges on.
       | Any argument prosecutors are making here could be made (and in
       | many countries _has been made_ ) about any of the tools I list
       | above. To cheer this on is to throw the past 40 years of legal
       | advocacy around privacy, encryption, and anticensorship tools in
       | the trash.
        
         | lolinder wrote:
         | > The complaint itself cites 'writing instructions on how to
         | use a VPN' as evidence that the developers were knowingly doing
         | something criminal. A VPN!
         | 
         | Do you have a link and paragraph number for this quote? I
         | searched in the press release [0] and OCR'd the indictment [1]
         | and can't find any match to any part of that quote ("VPN",
         | "writing", or "instructions"). I also can't find any match for
         | that quote anywhere on Google.
         | 
         | [0] https://www.justice.gov/usao-sdny/pr/tornado-cash-
         | founders-c...
         | 
         | [1] https://www.justice.gov/media/1311391/dl?inline
        
         | jshen wrote:
         | You can't cherry pick that out of context, criminal indictments
         | often cite things that can be ordinary. Buying duct tape isn't
         | a crime, but it can be evidence of a kidnapping.
         | 
         | As far as I can tell these people created a business to profit
         | off of money laundering, and they were helping teach people how
         | to hide their identity.
        
           | holmesworcester wrote:
           | Yes. We agree completely on the facts here. These people
           | built a business to profit off the provision of online
           | privacy, and as part of they were helping teach people how to
           | preserve their online privacy.
           | 
           | Some people used their tool for money laundering, just as
           | some people have surely used encrypted messaging and VPNs for
           | theft, terrorism, child abuse, and other crimes.
           | 
           | The point is that online privacy always has significant
           | legitimate, non-criminal use cases, and developers can have
           | legitimate, non-criminal (noble, even) reasons for building
           | for those use cases.
           | 
           | And the larger point is that, if we want to have tools that
           | give us any meaningful online privacy, we must stand up for
           | the developers that build such tools when they are
           | (inevitably, perennially) accused of aiding criminals and
           | terrorists.
        
             | JohnFen wrote:
             | The government is going to make the case not that a tool
             | was made that could be used for money laundering, but that
             | a tool was made to intentionally allow for money
             | laundering. The former is not illegal, the latter is.
             | 
             | But regardless of intentions, not following KYC/AML rules
             | is illegal.
        
         | arp242 wrote:
         | They didn't "just" send a PR or "just" write some code, they
         | made a financial tool which earned them millions while ignoring
         | regulations for these type of financial tools. No one who sent
         | a PR was arrested or even investigated: just the people running
         | Tornado. This has been pointed out time and time again.
         | 
         | Crypto wants to be taken serious as a financial tool. Okay,
         | fine. This also means you have to follow the same rule as
         | anyone else.
         | 
         | Don't like these rules? Fine, you're allowed to - we have a
         | democratic process for changing that so go vote, lobby, etc.
         | Remember the 2008 banking crisis? There are reasons these
         | regulations exist.
         | 
         | Banks get fined for these types of things all the time too:
         | https://duckduckgo.com/?t=ffab&q=bank+fined+money+laundering...
         | - crypto isn't being singled out here.
         | 
         | If you knowingly ignore the laws for personal profit you can
         | expect consequences like this. Cryptopeople want to live in
         | some sort of magical fantasy world where they both want to
         | interact with real money and the financial markets when it
         | suits them, but also pretend specific laws and rules for it
         | don't apply to them when they're inconvenient. All while
         | they're lining their pockets of course. Maybe this world has
         | unicorns and dragons and teletubbies too.
        
         | kasey_junk wrote:
         | If the government has records that you wrote a service that
         | specifically violates the law, that you contemplated a change
         | that would make it compliant but didn't because your customers
         | won't use it, they are right to charge you with a crime.
         | 
         | I'm a privacy advocate, who thinks kyc laws have gone too far.
         | But if you knowingly break a law you can't cite the unjustness
         | of that law unless you are engaged in an act of civil
         | disobedience. Profits will suffer is not civil disobedience.
        
           | holmesworcester wrote:
           | When Signal becomes illegal in, say, the UK, will you support
           | the extradition of Signal developers to the UK simply because
           | they're knowingly breaking the law? At what point does it
           | matter what's right?
        
             | woodruffw wrote:
             | What about the GP's comment implies that they support
             | extraditing people to foreign countries?
        
             | lolinder wrote:
             | Signal is threatening to leave jurisdictions where they
             | become illegal rather than comply. They're not threatening
             | to keep operating in violation of the law.
        
             | [deleted]
        
         | [deleted]
        
         | [deleted]
        
       ___________________________________________________________________
       (page generated 2023-08-23 23:00 UTC)