Blockchain Association Submits New Amicus Brief in Support of Tornado Cash’s Defense

On June 2, the Blockchain Association announced that it had submitted an amicus brief to back CoinCenter’s case in defense of Tornado Cash, a coin mixer. Kristin Smith, the CEO of the Blockchain Association, emphasized that Tornado Cash is merely a tool, and penalizing the tool itself contradicts the fundamental values on which the United States was built. The association stands in solidarity with Coin Center and supports the responsible and lawful use of blockchain technology.

Marisa Tashman Coppel, the Policy Counsel for the Blockchain Association, provided additional commentary, asserting that the Treasury and the Office of Foreign Assets Control (OFAC) do not have legal grounds to impose sanctions on software like Tornado Cash. She argued that OFAC’s authority is limited to sanctioning individuals and property.

Tashman Coppel explained that Tornado Cash does not qualify as property since it is not owned by any specific entity. She maintained that this argument holds even if Tornado Cash’s DAO is considered a person, as the protocol itself is entirely separate from the DAO and would exist independently.

Tashman Coppel contended that OFAC’s actions violated free speech rights and due process by sanctioning the Tornado Cash coin mixer protocol without providing adequate notice to users before imposing restrictions. The Treasury and OFAC are expected to respond before the court issues a ruling.

The Blockchain Association’s amicus brief pertains to Coin Center’s lawsuit against OFAC and its defense of Tornado Cash. This lawsuit was initiated in October 2022. Previously, in September 2022, six individuals, including Ethereum developer Preston Van Loon, Joseph Van Loon, and two Coinbase employees, filed a lawsuit against OFAC’s treatment of Tornado Cash.

The Blockchain Association also filed an amicus brief in support of Van Loon et al. in April. Tashman Coppel stated that similar arguments were presented in both briefs. On May 24, 2023, the plaintiffs in Van Loon et al. submitted additional arguments.

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