Tornado Cash的动态

Let's review the case of #Tornadocash together: - August 8, 2022: Tornado Cash, a decentralized cryptocurrency mixing service, was sanctioned by the U.S. Department of the Treasury’s Office of Foreign Assets Control (#OFAC) under the International Emergency Economic Powers Act (#IEEPA). - August 8, 2022: U.S. Department of the Treasury designated Tornado Cash, including 37 smart contracts, as part of its Specially Designated Nationals and Blocked Persons (#SDN) list, citing its role in laundering funds tied to North Korea’s cyber activities. - November 8, 2022, #OFAC expanded the sanctions to include 53 Ethereum addresses associated with the service. Challenge ?? : While many started shouting and applauding for the above decision, those who were hands-on on the matter of sanction regimes and dealt with practicality started questioning how come smart contracts can be considered as #property to go under #sanctions, it had big technical consequences (amongst many - the victim of dusting attacks) and we knew it was too much of a rush decision by #OFAC. Two years ago, this day we sat together with Alireza Siadat over this podcast https://lnkd.in/eKrGUkX6 and explained step by step why smart contracts cannot get sanctioned and moreover, you cannot consider a developer to be the owner of a "smart contract". Key rationales on this case according to the court ?? : 1. Immutable Smart Contracts Are Not “Property” ? : ??- Definition of Property: The court emphasized that “property” must be capable of being owned. Immutable smart contracts, created during a “trusted setup ceremony” in 2020 , were made unchangeable and uncontrollable, even by their creators, and therefore could not be owned. 2. Immutable Smart Contracts Are Not “Contracts” ?? (I thought that was a basic understanding, apparently not): ??- Contract Requirements: For a contract to exist, it must involve an agreement between parties. Immutable smart contracts function autonomously without any counterparty and thus do not qualify as contracts. 3. Immutable Smart Contracts Are Not “Services” ? : ??- Service Definition: Services involve human effort performed for another, often for compensation. The court ruled that the immutable smart contracts, as self-executing software, do not constitute services but rather tools used in transactions. ??- Non-Ownable Technology: The court noted that the immutable contracts continued to operate regardless of the sanctions, making the enforcement ineffective. A big shoutout to Paul Grewal, the team of Coinbase and Paul, Weiss, Rifkind, Wharton & Garrison LLP for their continuous efforts for the voice of community and justice. ?? https://lnkd.in/eF8Q8s4G