Tornado Cash Sanctions Overturned By US Appeals Court

A U.S. federal appeals court ruled that sanctions against Tornado Cash, a crypto transaction anonymization service, must be abandoned, stating that its immutable smart contracts do not constitute "property" under U.S. law and that the Treasury overstepped its authority. The ruling is available here (PDF). CoinDesk reports: The decision answers a controversial privacy debate on whether the government -- via a sanctions list maintained by the U.S. Treasury Department -- has a right to target the technology because it's associated with criminals. The ruling reversed a district court's August ruling that had sided with the government's pursuit of what it had characterized as a "notorious" crypto-mixing service.

OFAC had sanctioned Tornado Cash last year, contending that it was a vital tool used by bad actors including North Korea's Lazarus Group to launder crypto tokens pilfered from platforms and games such as Axie Infinity. Coinbase (COIN) and others had sued the government, claiming it had overreached. Paul Grewal, chief legal officer of crypto exchange Coinbase, cheered the ruling in a Tuesday post on X, calling it a "historic win for crypto." "These smart contracts must now be removed from the sanctions list and U.S. persons will once again be allowed to use this privacy-protecting protocol," Grewal wrote. "Put another way, the government's overreach will not stand." "We readily recognize the real-world downsides of certain uncontrollable technology falling outside of OFAC's sanctioning authority," the judges said, referencing the ineffectiveness of a law that was established well before the world moved online. "But we must uphold the statutory bargain struck (or mis-struck) by Congress, not tinker with it."

Tornado Cash's TORN token has since rallied 500%, passing the $20 mark.

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