美國法院宣佈對 Tornado Cash加密貨幣混合器的制裁非法
繼美國第五巡迴法院週二裁定財政部批准 Tornado Cash的不可變智能trac越權後，加密貨幣行業又取得了重大勝利。法院裁定自主軟件不能歸類爲財產。
負責此案的三名法官小組於 11 月 26 日裁定，智能trac是不可變的，因此根據《國際緊急經濟權力法》(IEEPA)，任何實體或個人都不擁有或控制這些智能合約。
法官們表示，根據現行法規，智能trac不能被歸類爲受制裁的財產。法院認爲財政部對加密貨幣混合器的制裁非法，並且超越了國會defi的權力。
三名法官組成的小組規則 OFAC 在制裁 Tornado Cash超出了其權力
1/ 今天，美國第五巡迴上訴法院對該軟件用戶提起的 Tornado Cash案件（Van Loon 訴 Treasury）作出裁決，裁定“不可變的智能trac（支持隱私的軟件代碼行）是不是外國人或實體的‘財產’。” https://t.co/G0vkoYzt8O
—區塊鏈協會 (@BlockchainAssn) 2024 年 11 月 27 日
The panel said the Office of Foreign Assets Control (OFAC) exceeded its authority in sanctioning Tornado Cash’s immutable smart contracts. It reversed a lower court’s decision granting the platform’s users a partial summary judgment.
Bill Hughes, a lawyer at Consensys, issued a detailed summary of the court’s ruling, indicating that the immutable smart contracts are nothing more than lines of code. Hughes also wrote that smart contracts are less like a “service” and more like a tool that is used in performing a service.
Hughes said the case will now proceed to the district court and emphasized that the new court judgment does not affect the crypto mixer’s blocked status.
“District court is handed back the case, with the idea that it has to decide the merits again while applying the law as the Fifth Circuit now says it applies, i.e., that the immutable contracts can’t be added to the sanctions list. It probably changes nothing else with TornadoCash being otherwise designated as blocked.”
– Bill Hughes
Paul Grewal, Coinbase’s Chief Legal Officer, wrote that the decision to block open source technology because of a small number of its malicious users is not what the U.S. Congress authorized.
Tornado Cash sanctioned by the U.S. Treasury for money laundering allegations
Tornado Cash found itself in the jaws of regulators in 2022 after the U.S. Treasury sanctioned the protocol. The Treasury alleged that the protocol laundered more than $7 billion worth of digital assets between 2019 and 2022. The U.S. Treasury published a public statement saying that crypto mixers that facilitate criminal activities threaten U.S. national security.
The United States Treasury Department added more than 40 crypto wallet addresses allegedly connected to Tornado Cash to the Specially Designated Nationals list of the Office of Foreign Asset Control (OFAC).
However, six Tornado Cash users, led by Joseph Van Loon, sued the Treasury with the support of Coinbase. The plaintiff claimed that the Treasury’s addition of 44 Tornado Cash smart contract addresses to the Specially Designated Nationals (SDN) list was not in accordance with the law.
In October, U.S.-based crypto policy advocacy group Coin Center filed a lawsuit against OFAC for sanctioning the crypto mixer. However, a Texas federal court judge ruled in favor of the U.S. Treasury that Tornado Cash was “an entity that may be subject to OFAC regulations. The plaintiffs appealed the judge’s decision and extended the case.
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