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This is what the prosecution in the Netherlands is claiming about Tornado Cash as a Software tool: > About the concerns, the development of a tool is not prohi
by forgetfulness 4y ago
This is what the prosecution in the Netherlands is claiming about Tornado Cash as a Software tool:
> About the concerns, the development of a tool is not prohibited, but if a tool has been created for the sole purpose of committing criminal acts, for example, to conceal criminal flows of money, then putting online/making available a developed tool may be punishable
I guess it all depends on what the bar is on a Dutch court of law to prove that criminal intent, if the developer's defense can successfully argue that the code was made to be generally used for the purposes of privacy rather than made deliberately to be useful to criminals, maybe he can get off the hook.
I'd personally draw the line at providing the service rather than the code itself; if there's any relation to the criminals using the service (e.g. direct payment for the service, kickbacks) that's different from merely putting the code on Github for whoever may benefit from it. The Netherlands goes further it seems.
Source: https://decrypt.co/107648/writing-code-for-sole-purpose-of-money-laundering-may-be-punishable-fiod https://decrypt.co/107648/writing-code-for-sole-purpose-of-m...
- aftbit 4y agoI am very much not a lawyer, and certainly not familiar with the Netherlands legal system, but IMO it seems like "created for the sole purpose of committing criminal acts" would be quite a high bar. Certainly I know of people who used Tornado Cash with no intent to commit any criminal acts, either seeking privacy in legal transactions or just DeFi yield farming the TORN token.
- jsmith45 4y agoMy understanding is that the main protocol itself does not provide any money to those that developed or deployed it. However, they did set up a governance DAO, where some of the governance coins would be released to those who developed TC, and those coins could then be sold on the open market, allowing them to indirectly profit from developing TC. They could also be operating nodes in the relay network, in which relay nodes agree to pay for the gas used to withdrawal money in exchange for a fee. The initial developers could quite easily be profiting by running some of these relayers.