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I don't rally get what the US made illegal in this case? The name? The instance? It is trivial to fork tornado.cash and deploy it as hurricane.cash, is that legal then?



It sanctioned use of a particular decentralized protocol, that is resolved by the contract addresses that it added to the SDN list.

It's highly likely OFAC overstepped its statutory powers in doing so:

https://www.coincenter.org/analysis-what-is-and-what-is-not-...

One indication that its action stands on weak legal footing is that it had to mischaracterize the autonomous protocol as part of an entity that includes the Tornado Cash developers and DAO in its press release, just to rationalize the designation.

The protocol, being immutable, is outside the control of any party, including the open source developers who wrote its code, so is obviously not a part of any such entity.




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