Nikhilesh De is CoinDesk's managing editor for global policy and regulation. He owns marginal amounts of bitcoin and ether.
The core question at the heart of the U.S. Department of Justice's case against Tornado Cash developer Roman Storm is whether he created software or controlled a service.
Keri Axel, also of Waymaker, added that Tornado Cash's user interface did not in itself control the transactions that users sent around. “That’s a lot. I’m not sure what you expected Mr. Storm and his colleagues to do. Should they have shut down Tornado Cash?” Failla asked the prosecution. “How do you saddle him with liability?”
Because WhatsApp is encrypted, it “must know” that one of its major selling points is that criminals can use it without their communications being spied on. Rehn ultimately argued that activity on WhatsApp – communication – is protected by the First Amendment, whereas it is “certainly constitutional” for the government to make certain requirements of financial institutions.The first half of the hearing focused on two other defense motions: a motion to compel the DOJ to produce evidence from other U.S. government agencies and foreign governments, and a motion to suppress the DOJ from seizing certain cryptocurrencies.
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