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The recent sentencing of Tornado Cash developer Alexey Pertsev to 64 months in prison by a Dutch court sends a significant message to the tech community: code itself is being criminalized. This verdict not only punishes a developer for creating software but also sets a precedent that could hinder technological progress.

Pertsev’s conviction for money laundering, based on his creation of Tornado Cash, is troubling. Tornado Cash, a privacy-focused decentralized application, does not inherently facilitate criminal activity. Like any tool, it can be misused, but holding its creator accountable for how others use it is a concerning precedent.

During Pertsev’s two-day trial in March, the 30-year-old Russian citizen justified his involvement with the crypto mixer by stating that its technology, particularly smart contracts, prevented him from identifying users who utilized its services to anonymize transactions. He argued that this aspect was beyond his control, suggesting that penalizing him for Tornado’s clientele would be both a misinterpretation of the technology and an injustice. “I never had the desire to help or tolerate criminals in any way, I have a different mindset,” Pertsev told the court. “I hope you understand that.”

This case echoes previous instances where code has been unfairly targeted and its creators persecuted. One notable example is the case of Aaron Swartz, a programmer and activist who took his own life after facing aggressive prosecution in the United States for sharing academic articles online for free. The Computer Fraud and Abuse Act (CFAA), the law under which Swartz was charged, was used to challenge the free flow of information on the internet.

Instead of scapegoating developers like Pertsev and Swartz, the community should focus on addressing the root causes of criminal activity and promoting responsible use of technology. This includes fostering dialogue between developers, regulators, and law enforcement to ensure that innovation can thrive without compromising public safety.

In the evolving landscape of digital finance, Pertsev’s sentencing signals that the world of cryptocurrency is now officially on notice. Pablito, head of security research at Blockfence, noted that the ruling was a “sad day for privacy, crypto, and open-source,” adding that “the war is not over. Privacy is a human right.”

Sad day for privacy, crypto, and open-source. Tornado Cash developer Alexey Pertsev has been found guilty of money laundering and sentenced to more than 5 years in prison. The war is not over. Privacy is a human right.

With the upcoming trial of Pertsev’s co-developer, Roman Storm, in the US, slated for September, allegations of money laundering and sanctions violations continue to loom large.

Beneath all of this lies a deeper struggle: the battle for control over the essence of the internet. Will it succumb to traditional banking regulations, or will it carve out its own path, free from surveillance capitalism?

This struggle is far from over. The founders of privacy-centric platforms like Samourai Wallet and Wasabi Wallet have also faced recent arrests and shutdowns, while coins offering privacy features are being delisted. It’s a systematic dismantling of privacy tools under the guise of regulation. Advocates of privacy should indeed be concerned. This struggle impacts not just digital finance but the very essence of personal freedom and privacy in the digital age.

“Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather.”

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