LogicallyMinded on Nostr: When reading the arguments of Judge Failla, it’s hard not to think that the US is ...
When reading the arguments of Judge Failla, it’s hard not to think that the US is on the verge of becoming a banana republic.
For instance, to make the point that there is no need to exercise control of the funds to qualify as a money transmitter during a transfer of money, the government argued, "a USB cable transfers data from one device to another, and a frying pan transfers heat from a stove to the contents of the pan, although neither situation involves exercising “control” over what is being transferred."
How does the transfer of data through an USB cable or of heat through a frying pan has anything to do with or is in any way comparable to the activity of transferring money?
Contrary to money in transfer, nobody can have possession of the heat being transferred to the frying pan. Although similar to money, when someone transfer data form a device to another, the data is in control of someone and in the case of #TornadoCash, the devs weren’t the ones in control of the funds.
#Crypto #Privacy #Blockchain #DOJ
For instance, to make the point that there is no need to exercise control of the funds to qualify as a money transmitter during a transfer of money, the government argued, "a USB cable transfers data from one device to another, and a frying pan transfers heat from a stove to the contents of the pan, although neither situation involves exercising “control” over what is being transferred."
How does the transfer of data through an USB cable or of heat through a frying pan has anything to do with or is in any way comparable to the activity of transferring money?
Contrary to money in transfer, nobody can have possession of the heat being transferred to the frying pan. Although similar to money, when someone transfer data form a device to another, the data is in control of someone and in the case of #TornadoCash, the devs weren’t the ones in control of the funds.
#Crypto #Privacy #Blockchain #DOJ
quoting note1ym4…djxtYesterday, Tornado Cash judge stated code is not speech, non-custodial software providers can be money transmitters, and specific knowledge of criminal activity is not required to be charged with conspiracy to commit money laundering.
A breakdown of all the arguments:
https://www.therage.co/tornado-cash-code-not-speech-non-custodial-msbs-knowledge-not-required/