Judge Denies Tornado Cash Developer's Motion to Dismiss Case

Roman Storm’s attempt to dismiss charges stemming from the Tornado Cash case (or at very least compel additional discovery) was just denied.

What’s the Scoop?

• Case Background: The government's case against Tornado Cash developer Roman Storm alleges that he facilitated money laundering activities by "allowing" the protocol to be used for illicit purposes.
• No More Peeking: Storm’s legal defense will be unable to compel additional disclosures or interagency communications pertaining to the Tornado Cash case from the government. Speaking for The Court, Judge Failla ruled that all required information had already been disclosed under the standards of discovery.
• Going to Trial: The Court found that “Tornado Cash” as a business extends well beyond the smart contract code, and that the business knowingly facilitated transactions involving the proceeds of unlawful activities, even if it did not know the exact circumstances of the underlying crimes. While the expressiveness of computer code is protected under the first amendment, The Court found that the functionality of code is not implicitly covered, particularly when it is used to facilitate money laundering.

Bankless Take:

The Tornado Cash case is headed to a final decision, and its outcome will have profound implications for the crypto industry, open source developers, and internet freedom.