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Ah yes, arrest developers of open source privacy code and blame them for North Korea money laundering rather than going after the people actually committing cri
by clippablematt 4y ago
Ah yes, arrest developers of open source privacy code and blame them for North Korea money laundering rather than going after the people actually committing crimes. Sounds about right.
Privacy is not a crime, it’s a human right! Sorry that it makes the polices job harder, but our rights are more important.
And didn’t we go through all this already in the 90s? Are we now gonna start arresting all cryptographers?
This is because they don’t like money that is independent from state control. They hate the idea of bitcoin and eth not being $ or €. The large majority of money laundering happens through banks, who just pay a fine and sweep it under the rug.
- desindol 4y agoPrivacy is a human right? citation needed.
- josu 4y agoUniversal Declaration of Human Rights: >Article 12 >No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
- jasonlotito 4y agoThat allows for interference with someones privacy. Basically, interference of privacy based on reason or system is allowed. It does give you the right to not be subjected to interference of your privacy from random choice or personal whim is not. According to the article, that right has not been broken. Moreover, you do not have a right to privacy. Rather, you have a the right to not have your privacy arbitrarily interfered with. This is a pretty important distinction.
- implements 4y ago(From Wikipedia) The Fourth Amendment to the Constitution of the United States ensures that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (Also) Article 12 of the Universal Declaration of Human Rights states: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. It’s generally understood that without privacy people are effectively disenfranchised politically, because any expression of an contentious opinion or association with subversive or dissident thinkers becomes potentially so harmful that wise people would avoid both and keep almost entirely to themselves or family.
- 2OEH8eoCRo0 4y ago> unreasonable > arbitrary There is no absolute right to privacy.
- implements 4y agoOf-course, but then there are no absolute rights that I can think off - property can be taxed, movement restricted by imprisonment / laws against trespass, labour can be forced by military draft or prison work, speech restricted by laws against defamation / abusive conduct, life can be taken in self-defence or during military service, etc.
- zaroth 4y agoThere are no absolute rights. Even the right to life is not absolute.
- seanw444 4y agoPrivacy not being a human right is acceptable?
- eric_cc 4y agoIt certainly is an ideal if not a legally protected right. Before slaves were free, they could still say “freedom is a human right”.
- antiverse 4y ago>Are we now gonna start arresting all cryptographers? There are more cryptogrifters than there are cryptographers.
- kube-system 4y agoThe right to privacy ends at the moment that it is used as an excuse to evade the law. Every country recognizes warrants for this reason.
- dlubarov 4y agoEncrypted communication protocols are also useful for evading the law; do you think they should also be banned and the developers arrested?
- lbriner 4y agoNo, that's not what they said. They said if you are using it to break laws, then you can't not expect to be arrested. A money laundering operation can hardly been seen as fundamentally a way to provide privacy but as a way to change dirty money into clean. It's like claiming that an illegal brothel provides employment services as well as anything dodgy that people might use it for!
- glennvtx 4y agoIt absolutely protects your privacy in a system where the movement of money is public. Donations to politically sensitive organizations can be used against you, this technology limits that possibility, just as the traditional banking system does not make your transactions public. Many places in the world people do not enjoy your privilege of immunity from state violence due to support for activism.
- kube-system 4y agoNobody said it didn't protect privacy. Obviously, that is the technology's function. Above, we were talking about whether one has a right to that privacy. That right is observed differently by location, but it is commonly accepted to have at least some exceptions.
- eric_cc 4y ago> A money laundering operation Tornado Cash is not a money laundering operation. It is a privacy tool.
- puszczyk 4y ago> This is because they don’t like money that is independent from state control. Who is “they”?
- naet 4y agoI'm in favor of privacy, but if you're profiting off designing and operating a system that you know is being used to facilitate large amounts of criminal money laundering (some going to known foreign government agents), you're more or less asking to be arrested. You can pose an argument that your service has some positive impact in certain cases, but you can't flat deny any negative impact or responsibility for consequences of your service. This is true of any and all services, whether they relate to privacy or not.
- deleted 4y ago[deleted]
- sangnoir 4y ago> Ah yes, arrest developers of open source privacy code and blame them for North Korea money laundering I have questions: did money laundering happen on the platform? Did the developer financially benefit from the money laundering? If the answer to both is "yes", then it sounds like the developer could be in a world of trouble, which is not related to crypto. If I build a picture-sharing board with no moderation, and I profit from illegal pictures being shared, I would be in trouble for facilitating crime, that doesn't go away because I implement the picture-sharing on a blockchain. Using crypto to implement any system doesn't make it kosher: as far as the law is concerned,a system is what it does, not how it does it.
- ABeeSea 4y agoThey were also asked to implement some basic money laundering preventions. They did nothing.
- eric_cc 4y agoDidn’t they throw away the keys to the smart contract a long time ago?
- arlcode 4y agoIf they did that probably doesn't matter. "I built a bomb I can't disarm" is not a credible defense. It'll be especially nasty if they profited from the service after throwing away the keys and "learning" of the money laundering going on there. Walking away a year or two ago would argueably have helped them.
- jjulius 4y agoExactly. I understand the sentiment that people are sharing around, "They're just being arrested for writing code!", but intent matters. And it seems like, in this case, there may have actually been intent to develop this to assist with illegal activities.
- a4isms 4y agoIn my jurisdiction, if I operate a pawn shop, I am required by law to record transactions, collect ID, and make good faith attempts to prevent people from laundering stolen goods through my shop. Does "privacy is a human right" trump the law in my jurisdiction? Can we say it is improper for the government to require me to collect ID from people selling me goods? Can we say it is improper of the government to require me to keep records of who sold me what? I take the proceeds from my pawn shop to the bank. They are required by law to collect my ID. If I deposit large amounts of cash, they have additional reporting requirements. Does "privacy is a human right" trump these laws that exist to prevent the laundering of criminal proceeds through banks? I also have discomfort over how much data the government collects in the name of preventing the laundering of stolen goods and criminal proceeds. But in the large, I accept that freedom is not an absolute, it is a set of careful tradeoffs between: 1. The freedom for citizens to do as they please without society limiting what we're allowed to do, versus; 2. The freedom for criminal cartels to do as they please, preying upon citizens. The latter is important, because when criminals prey upon citizens, they reduce our freedom as well. I want the freedom to own nice things. The easier it is for criminals to steal and fence my things, the less freedom I actually have to enjoy them I also want the freedom to run a business. When criminals can prey upon businesses with ransomware and launder the proceeds through TornadoCash, the less freedom I actually have. A "Libertarian Paradise" where criminals are free to do as they please because we don't want to impinge upon any citizen's freedom whatsoever, is free in name only. We may not like all of the current set of tradeoffs, but we must accept that if we don't make some tradeoffs, we will not be free in any real sense.
- eric_cc 4y ago> if I operate a pawn shop Tornado Cash is not a company and nobody operates it. It is a privacy protocol. Better to say “If I am a HTTPS”…
- a4isms 4y agoThat has no bearing on the basic argument which consists of: 1. Claim: "Privacy is a human right, the government should not be allowed to know anything about financial transactions," and; 2. Counter-claim: "Privacy of financial transactions is not a thing now, and absolute ideological freedom is not actual freedom, it is the law of the jungle where the strong are free to prey upon the weak, and the weak have no freedom from the predatory strong."
- threeseed 4y ago> rather than going after the people actually committing crimes Actually they go after the people committing the crime AND those facilitating it. > Privacy is not a crime, it’s a human right (a) Not a human right, (b) not enshrined in any country's law, (c) does not absolve illegal behaviour.
- spaceman_2020 4y agoAh, the famed “Hacker” News users advocating for the Big State and against privacy.
- npc54321 4y ago
- akimball 4y agoI think you may mistake the individuals for the whole. HN as a social center can be corrupted and coopted without any of the original individuals changing their behaviors, simply by adding more individuals with different behaviors. If by "they" you mean the individuals, your statement would then be incorrect, while if you mean the community gestalt, it would be correct.
- npc54321 4y agoGood point.
- malermeister 4y agoJust because you're a hacker doesn't mean you have to be an anarchist, anti-state extremist.
- drexlspivey 4y agoHaven’t you heard? The new definition of hacker is a 40something year old making 300k a year writing adtech tracking code for a FAANG
- biglearner1day 4y agoAnd it is always under the guise of anti-money laundering, anti-terrorism or whatever other reason they can find to excuse their inexcusable actions. Take mass government surveillance for example.
- spaceman_2020 4y agoHN in its current avatar would probably cheer on if the Patriot Act was enacted today. Been on this site for a decade. Never seen it this filled with Big Gov and Big Tech apologists.
- seanw444 4y agoYeah when I first discovered this site in like 2017, it seemed to be a place of tech-literate counter-culture folks. Now the counter-culture seems to be non-existent, and actually looked down on. At this point, the majority of the comments I read sound like a CNN anchor script. Ha, maybe it's their web developers.
- akimball 4y agoThe greater the threat which a community represents to the vested control hierarchy, the more intensely it becomes infiltrated and coopted. This is an Iron Law.
- akimball 4y agoAs evidence, see the moderation immediately above.
- _ktx2 4y agoOne thing to recognize is that HN has had an influx of new users that are pretty right wing, at times using veiled far right speech. Years ago, it was filled with people who had stock very left wing (at times ridiculous) views that I wouldn't call "counter-culture" either. I only know this because I've had to report many of them. My hypothesis is that each of these groups come here after being kicked out or pushed out of wherever they usually hang out. The ones that remain on HN after a period of time are the ones that dang doesn't wear out via moderation or haven't been outright banned. They eventually learn to be good HN members and then stay.
- epolanski 4y agoFinancial privacy is not a human right. Moreover the kind of financial privacy you think of is from other citizens to not know your financial movements, it doesn't apply to nation states for obvious tax reasons and money laundering purposes.
- akimball 4y agoFinancial privacy is definitely a right. The question is whether that right is respected by any given institution. Since it is against the interests of existing institutions to do so, they will not unless compelled by a greater force. Cryptography allows individuals to use the force of mathematical law, superior to all other law, to enforce their privacy rights . (Tornado cash, like most mixers, leaves too many loopholes in its contract to be proof against a concerted attack in typical practical applications - they usually leak too much partial information.)
- amanaplanacanal 4y agoI've honestly given up believing in anything like rights. Everybody seems to have different opinions on what they are, and they never seem to match up with what governments actually do. I'm not sure it's actually a useful word.
- akimball 4y agoAuthors who have given robust analytical treatments of rights include Rawls, Habermas, and Kant. I think the concept is at least useful if you want to protect a right. Without it, in practice, it would be much more difficult to defend against the controlling capacity of raw force.
- Supermancho 4y ago> Financial privacy is definitely a right. This is a baseless, so I think you're making a bad assumption. Finance is opaque at a low level because of arbitrage and physical trade, but it's the belief that the physical world dictates social rights (which are moral at the core, so let me know if you want to jump to morality?) is simply incorrect. What's more, I think that the default position that finance should be private actively hurts society in innumerable ways. Unfortunately, without it, capitalism immediately breaks down into monopolies. So we live in the happy middle, as with many things, suffering the inevitable (corruption, blackmail, etc).
- ABeeSea 4y agoHelping criminals launder money is not a human right.
- spaceman_2020 4y agoGuess that makes every government money printer complicit in money laundering, seeing how the majority of it happens through cash.
- ABeeSea 4y agoIt’s weird the crypto people think this is a valid argument. If someone did what tornando is doing with physical cash, they would also be committing money laundering.
- spaceman_2020 4y agoTornado Cash is an anonymizer. Same as every cash drawer in every business. All kinds of money goes in - legitimate as well as illegitimate - and is mixed up together. Does shuffling a bunch of currency notes together - some of which might be from a drug dealer - make you a criminal?
- ABeeSea 4y agoIf your business only exists to shuffle money, then yes.
- biglearner1day 4y agoI would challenge you to prove that they actively advertised their service as such. Stop spreading misinformation.
- halfmatthalfcat 4y agoIf our legal system was as dense as this statement, the world would be ran by criminals.
- Sir_Liigmaz 4y agoI work in AML/BSA, they want it under their control. Higher ups talk about how banks shouldn't necessarily cut off (derisk) customers they think are breaking the law because then they can't keep tabs on them. Banks and financial institutions are happily privatizing Big Brother.
- clucas 4y agoIf the international law enforcement community is really trying to go after "all cryptographers" why do you think we haven't seen more arrests? Why do you think they only arrested this guy? I get that you really want to defend crypto, but I think a simpler explanation is that they have good reasons to believe that this guy was doing more than just the stuff you're trying to defend (making privacy code). It would be like... if two dozen people were picketing outside of a big corporation, and the police came and arrested one dude. You would be the guy saying "they're coming for the protesters!" and I'm the guy saying "Well, if they're really after protesters why didn't they arrest all of them? And isn't that the guy they were investigating for a bank robbery?" Defending literally every crypto guy is short-sighted if you're a true proponent of the tech. It's possible that there are bad people involved in crypto, and you'll be a lot more credible as an advocate if you acknowledge that possibility and wait for the facts.
- tgflynn 4y agoIt could be the first of many. Up until yesterday we lived in a world (by which I mean the Western World) where no one had ever been arrested just for writing open source code. It appears that this is no longer the case. This is how the Overton window gets moved, one step at a time, not in huge leaps. And clearly there are powerful forces interested in moving it in a direction that would likely be detrimental to many of us here.
- chii 4y ago> where no one had ever been arrested just for writing open source code. But was he arrested for _just_ the code he wrote? Or more, and the code was just an ancillary property of the person being arrested?
- clucas 4y agoHow do you know that this guy was arrested "just for writing open source code?" The whole point of my comment was that he was probably arrested for more than that... Or at least, we should wait to see what the evidence against the guy is. If you go around saying "the sky is falling! they're coming for the developers!" then it turns out the guy was actually doing bad stuff to help launder money, you're going to make it that much harder to get people's attention when there is an actual abuse of police power.
- JohnHaugeland 4y agoThis isn't open source privacy code. Whether or not someone else does something bad with it isn't relevant. Until you can face what it really is, you aren't going to come to terms with what's happening. This is like making unlicensed guns that don't follow safety or tracking regulations, then complaining "but I'm not the burglar, I didn't kill anyone" when you get shut down. This is and always has been the obvious explicit purpose of this code. This has nothing to do with "privacy" and you don't actually legally have the right to hide your financial transactions besides.
- sneed-oil 4y ago> you don't actually legally have the right to hide your financial transactions besides Maybe you don't, but that's what happens by default when using cash
- tsimionescu 4y agoIf you're exchanging cash, you still theoretically have the legal obligation to declare it. Businesses accepting cash have the obligation of issuing a receipt, and you may have some obligations of keeping that receipt. Now, it's true that these things are hard to enforce, or even impossible for small enough sums. But people systematically flaunting the rules for large sums of money will get arrested, even with cash.
- sneed-oil 4y ago> If you're exchanging cash, you still theoretically have the legal obligation to declare it. Businesses accepting cash have the obligation of issuing a receipt, and you may have some obligations of keeping that receipt. I'm pretty sure that's legally required even when buying with crypto
- giaour 4y agoCash is unwieldy in large amounts, which is why most authorities don't care about cash transactions. When cash is used at scale for anonymous transactions (e.g., when the US airlifted cargo planes full of cash to Iraq in 2004 to pay government workers without an Iraqi paper trail), it is international news. If tornado cash were just obscuring transactions that could have conceivably been finalized with cash by private parties (~<$10K USD), I guarantee that no one in authority would give a shit.