[cryptome] To be published : Tornado Cash Complaint follwing ofac sanction. Coinbase funded lawsuit against Treasury pdf

  • From: "none" <dmarc-noreply@xxxxxxxxxxxxx> ("ytrezq")
  • To: cryptome@xxxxxxxxxxxxx
  • Date: Sat, 10 Sep 2022 12:24:52 +0200

Hello,

First some background : unlike wiring funds from a bank account, when you send money using Bitcoin or Ethereum, the recipient can through your sending address being revealed, knows how much you do own and earn and spent. I'm meaning complete past and future financial history.
Tornado Cash as a privacy pool works though severing the links between a sender and a receiver thus making the funds untraceable. According to Chainalysis, ~40% of the funds transiting through Tornado Cash are directly linked to money laundering. While a large poriton this is still not the majority. A comparison can be done with the banning of eDonkey2000 decades ago along the use of Bittorrent , in the name it was used only for illegal file sharing or https://en.wikipedia.org/wiki/MGM_Studios,_Inc._v._Grokster,_Ltd..

Unlike web services, Tornado Cash uses smart contracts which are executed by miners when processing the transactions of the blockchain. In the case of Tornado Cash, such programs are made immutable which means even Tornado Cash as entity has no way to update or control the code and thus cannot control the funds.

So, when sanctioning Tornado Cash, ofac forbid any US person or peoples interacting with US based persons to use or allow to use to the contracts since they can't be removed. And by banning any interactions with the contracts, us persons are not legally allowed to withdraw the funds they deposited or received on the contracts just before the ban. Which means such money is legally trapped.

Such move nerveless, had huge repercussions : first as the founders live in the us, they are de facto not legally allowed to talk about the protocol which is why the official Twitter account went silent https://twitter.com/tornadocash. And which also means exchanges are threatening to delist the Torn token of the dao because of the lacks of updates from the Twitter account. As appointed mods lived in the us, they had to abandon control over the dao, thus greatly restricting actions on the non privacy related parts of the protocol : https://cointelegraph.com/news/tornado-cash-community-fund-multi-signature-wallet-disbands-amid-sanctions.
And then, still on the side of speech, Discord.com account was deleted which allowed a scammer to replace it for robbing user's funds and snapshot.org which allows to attach text to on-chain vote for the dao also banned access to the ens. GitHub deleted the source code along the accounts of the biggest code contributors to the project https://twitter.com/semenov_roman_/status/1556717890308653059.

And continuing on this, domain names like https://tornado.cash were sized along the https//torn.community discussion forum which was open to all users. This prevents small users to use the front-end/protocol while still allowing bad actors with the know how for handling bytes manually to use the underlying smart contracts.

The idea of cryptocurrency as being decentralized took a hit : rpc endpoints like Infura are blocking any interactions and those who refused got their Amazon ec3 or Microsoft vms sized, which means you not only need your own node but need your own OpenEthereum fatdb enabled using 12Tib cutting edge slc based ssd at your own home in order to fetch the on-chain data required for computing the zsNark proof which used to be possible through a mobile phone. Some mining pools are refusing to include the transactions in blocks https://forkast.news/headlines/ethermine-stops-tornado-cash-transactions/. The issue is expected to become even worst with the switch to staking because as part of the upgrade, which means transactions might ends up completely censored at the Ethereum level.

Not to say, but as a precedent, with Bitcoin refusing hard forks and it's mining being heavily centralized, there will one day be more than 50% of the hasrate coming from regulated pools refusing to mine on blocks implementing the next halving in order to have more than 21 millions Bitcoins for helping fund growth. And hence there will be lot of more than 21 millions Bitcoins. Although the average bitcoiner technically disagree of such variant of the 51% attack but without giving proper argumentation.

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