Crypto privacy at a crossroads: the significance of the $2.3B tornado cash case
During the fall of 2020, there were reports of crypto scammers and thieves taking advantage of Tornado Cash, a financial privacy tool, and its ability to shuffle users’ funds to hide crypto transactions on the Ethereum blockchain.
One of the creators of Tornado Cash, Alexey Pertsev, was concerned about this issue and suggested creating a standardized response for victims seeking help with stolen funds that had been laundered through their service.
In a message to his co-founders, Pertsev, a 27-year-old Russian residing in the Netherlands, emphasized the need for a uniform message to be sent to all individuals facing similar situations.
In a swift response, Roman Semenov, one of the co-founders of Tornado Cash, provided a pre-written reply that highlighted the unique structure of their service. He emphasized that their platform operates on the Ethereum blockchain and is not reliant on any specific server owned by them.
Therefore, they have no control over it. The message stated that the protocol is decentralized and cannot be governed by a single entity or individual, hence they are unable to offer any assistance in regards to any problems related to the Tornado Cash protocol.
Furthermore, two days after a hack by North Korean hackers resulting in the theft of $275 million worth of coins from the crypto exchange KuCoin, Tornado Cash continued to maintain its initial statement.
According to Dutch prosecutors, the service was used to funnel over a billion dollars of stolen funds over the next two years, making up more than 30% of the total transactions from 2019 to 2022. This included at least $2.3 billion from criminal and sanctioned sources.
I'll out myself as someone who has used TC to donate to this exact cause.
— vitalik.eth (@VitalikButerin) August 9, 2022
Following Pertsev’s arrest and subsequent indictment for money laundering, the defense of decentralization, which was initially seen as being out of our control, has now become a key element in his claim of innocence.
This argument will be put to the test on Tuesday, when a panel of three Dutch judges will make a ruling on the criminal charges that could potentially result in Pertsev being incarcerated for several years.
Privacy advocates are closely monitoring the outcome of this case, as it could have a significant impact on the future of cryptocurrency privacy. Additionally, it may also establish the boundaries for services such as Tornado Cash and other open source software programs to provide a secure haven from financial monitoring.
This is, I think, the big question of the Tornado Cash case: If you create (and profit from) an uncontrollable, decentralized system, is your inability to prevent its abuse a defense? The prosecutor argues no: "Building and deploying something unstoppable is also a decision." https://t.co/slSSPqEDyd
— Andy Greenberg (@agreenberg at the other places) (@a_greenberg) May 13, 2024
This is the first of two cases, as the prosecution of another Tornado Cash co-founder, Roman Storm, is scheduled to go to trial in September.
Dutch prosecutors also exclaimed that Pertsev is being charged with developing a highly efficient money laundering tool called Tornado Cash. This tool operates through a series of “smart contracts”, which utilize Ethereum’s distinctive capabilities by duplicating code onto the numerous Ethereum nodes that hold the blockchain of the cryptocurrency.
As a result, the creators of Tornado Cash are unable to determine or manage the individuals who utilize the service to conceal the source and destination of their funds.
Pertsev’s supporters argue that the very features that have been criticized are precisely what makes Tornado Cash an effective method for maintaining privacy.
Much needed pushback on the DOJ's dangerously overbroad theory of money transmission in the Tornado Cash and Samourai cases. Thank you Senators @SenLummis and @RonWyden for your leadership. https://t.co/Y0rK8CzSM0
— Peter Van Valkenburgh (@valkenburgh) May 13, 2024
Sjors Provoost, a cryptocurrency developer from the Netherlands and the writer of Bitcoin: A Work in Progress, who was present at Pertsev’s court case, explains that this is the fundamental purpose of a decentralized system.
These are two opposing perspectives – one for privacy and decentralization, and the other for government surveillance, which requires constant monitoring of all transactions.
A turning point for decentralized privacy tools
The upcoming ruling by the Dutch court on Tuesday in the Pertsev case involving Tornado Cash carries substantial weight, as it may shape the trajectory of decentralized privacy technologies and set a precedent for their regulatory status within the digital realm.
The anticipated verdict in the Pertsev case concerning Tornado Cash is thought to potentially bring about far-reaching consequences for the evolution of decentralized technologies and the realm of digital privacy.
