Lawyer highlights DOJ’s evident disregard for privacy in Tornado Cash case

Amanda Tuminelli, the legal chief of DeFi Education Fund, has criticized the United States’ arguments in its case against Tornado Cash and developer Roman Storm, stating that they show a disregard for privacy and contain several misleading statements. Tuminelli pointed out that the Department of Justice misinterpreted Storm’s arguments in his motion to dismiss the charges of conspiracy and money laundering, claiming that Storm argued that misconduct through computer software is protected and that crypto is beyond the reach of law enforcement. Tuminelli also criticized the prosecutors for their lack of understanding of smart contract protocols. The DOJ’s response also ignored the arguments presented in the amicus brief by the DeFi Education Fund, which Tuminelli saw as a compliment. Observers consider this case to be a significant one for the crypto industry and internet freedom. The DOJ’s argument regarding the definition of money transmitting under U.S. law, which does not require control of the funds being transferred, could set dangerous precedents for the freedom of the internet, according to industry commentators. Financial writer John Paul Koning believes that the case is about determining liability for smart contracts and the interfaces that access them. Crypto-focused lawyer Gabriel Shapiro is not yet concerned that the DOJ’s arguments would make decentralized application operators money transmitters, as he believes the focus will be on the relayers and the Tornado Cash token. Storm’s trial is scheduled for September, while Semenov remains at large.