Opinion: Freedom for Alexey Pertsev – Recognizing Code as Innocent, Not Criminal
Disclaimer: The opinions expressed in this article are solely those of the author and do not reflect the views and opinions of crypto.news’ editorial team.
The recent decision by a Dutch court to sentence Tornado Cash developer Alexey Pertsev to 64 months in prison has sent a worrying message to the tech community: the act of coding itself is now being criminalized. This verdict not only unfairly punishes a developer for creating software but also sets a dangerous precedent that hampers innovation and impedes technological progress.
Pertsev’s conviction for money laundering, which was based on his creation of Tornado Cash, is deeply concerning. Tornado Cash, a decentralized application focused on privacy, does not inherently facilitate criminal activity. Like any tool, it can be misused, but holding its creator accountable for how others use it sets a troubling precedent.
During Pertsev’s trial in March, the 30-year-old Russian citizen argued that the technology behind Tornado Cash, particularly smart contracts, prevented him from identifying users who utilized its services to anonymize transactions. The prosecution claimed that this code enabled the laundering of billions of dollars for the North Korea-linked Lazarus group by facilitating the transfer of stolen funds across multiple wallets, thereby concealing their origins.
Pertsev contended in court that he had no control over this aspect and that penalizing him for Tornado’s clientele would be a misinterpretation of the technology and an injustice. He compared it to arresting Linux developers because open-source computers were found to power Iran’s nuclear program. “I never had the desire to help or tolerate criminals in any way, I have a different mindset,” Pertsev stated to the court. “I hope you understand that.”
Pertsev’s case echoes previous instances where code and its creators have been unfairly targeted and persecuted. One notable example is the case of Aaron Swartz, a brilliant programmer and activist who tragically took his own life in 2013 after facing aggressive prosecution in the United States for scraping and sharing academic articles online for free. The Computer Fraud and Abuse Act (CFAA), the law under which Swartz was charged, was used to undermine the free flow of information on the internet.
Similarly, Pertsev’s sentencing in the ever-evolving landscape of digital finance sends a chilling signal that the brave new world of online finance is far from liberated. Pablito, head of security research at Blockfence, expressed his disappointment with the ruling, stating that it was a “sad day for privacy, crypto, and open-source.” He added that “the war is not over. Privacy is a human right.” I wholeheartedly agree.
Furthermore, the upcoming trial of Pertsev’s co-developer, Roman Storm, in the US in September, with allegations of money laundering and sanctions violations hanging over him, adds to the tension. This situation underscores a deeper struggle for control over the internet’s very essence. Will it succumb to the grip of traditional banking regulations, or will it forge its own path, free from the constraints of surveillance capitalism?
It is crucial to note that this struggle is far from resolved. The founders of innovative privacy-centric platforms like Samourai Wallet and Wasabi Wallet have recently faced arrests and shutdowns, while privacy-focused coins are being delisted in large numbers. Privacy tools are being systematically dismantled under the guise of regulation. As these pillars of privacy crumble, advocates should be genuinely concerned. The outcome of this struggle will not only determine the future of digital finance but also the fundamental nature of personal freedom and privacy in the digital age.
As John Perry Barlow, one of the pioneers of the free and open internet, once said, “Relying on the government to protect your privacy is like asking a peeping tom to install your window blinds.”
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