Tornado Cash Developer Case: Judge Declines to Order DOJ Review
In a closely watched legal case that has implications for the future of privacy in blockchain development, a U.S. federal judge has declined a request to order the Department of Justice (DOJ) to conduct a review into its prosecution of Tornado Cash developer Roman Storm. The decision marks another chapter in the controversial legal battle that has brought debates around code, privacy, and responsibility in the Web3 space into sharp focus.
Roman Storm, one of the key developers behind Tornado Cash — a decentralized privacy protocol for Ethereum — was arrested in 2023 for allegedly facilitating money laundering through the platform. The DOJ argued that Tornado Cash was used by North Korean hackers and other illicit actors to obscure the origins of stolen cryptocurrency.
However, Storm’s defense has claimed that he cannot be held accountable for how users interact with an open-source protocol, likening the case to criminalizing software developers for the actions of third-party users. His legal team had filed a motion requesting the judge to order the DOJ to review its charges under the Administrative Procedure Act (APA), arguing procedural missteps and government overreach.
Judge Katherine Polk Failla dismissed the motion, stating that while the case raises “complex constitutional and statutory questions,” it is not within her purview to compel the DOJ to reassess its approach.
This ruling does not end the case but signals that the judiciary may allow the prosecution to proceed without significant intervention. The broader crypto community is watching closely, as the outcome could set precedent for how open-source developers are treated under U.S. law.
