Crypto lobbyists still fighting to axe 'unlawful' Tornado Cash sanctions

They called the sanctions imposed by the Treasury’s Office of Foreign Assets Control “both unprecedented and unlawful,” and added:

“OFAC’s sanctions are unlawful. OFAC lacks statutory authority to sanction software like Tornado Cash, and regardless, its decision lacks any factual predicate that could render the sanctions lawful.” The associations argued Tornado Cash is software and while OFAC has the legal authority to sanction people or property, it cannot sanction a decentralized protocol.

“The core Tornado Cash software is not and cannot be owned by anyone,” they argued and claimed OFAC “conjured” up a “person” so it had a basis to sanction the crypto mixer. 5/ By sanctioning the Tornado Cash software protocol, OFAC infringes on the right to free speech and due process.Nor did they have notice when they were blocked from accessing their assets.

The associations argued Tornado Cash is software and while OFAC has the legal authority to sanction people or property, it cannot sanction a decentralized protocol.

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