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A U.S. appellate court has determined that the Treasury Department’s Office of Foreign Assets Control (OFAC) exceeded its authority in sanctioning Tornado Cash’s immutable smart contracts. This ruling invalidated OFAC’s previous actions and removed Tornado Cash’s smart contracts from the sanctions list.
Court Decision
On November 26, the Fifth Circuit Court of Appeals made a significant ruling regarding the legality of sanctions imposed by OFAC on Tornado Cash. The court stated that the sanctions were unlawful, as Tornado Cash’s immutable smart contracts cannot be owned or controlled by any asset or individual.
The panel clarified in its decision that “Tornado Cash’s immutable smart contracts (lines of code providing privacy) are not the ‘property’ of a foreign national or entity.” It was highlighted that under the International Emergency Economic Powers Act (IEEPA), OFAC can only impose sanctions on properties owned or controlled by foreign persons, which does not apply to autonomous smart contracts.
The Future of Tornado Cash
The court directed the Texas district court to accept the partial summary judgment request filed by the lead plaintiffs against the sanctions on Tornado Cash.
“Tornado Cash’s immutable smart contracts are not the property of a foreign national or entity,” stated the three-judge panel in its ruling.
This decision allows Tornado Cash users to continue utilizing the protocol, marking a significant development in the digital currency ecosystem. The lifting of sanctions is seen as part of a broader discussion regarding the regulation of digital assets.
Experts anticipate that such decisions will have various effects on cryptocurrency markets. As legal processes are expected to progress alongside cryptocurrency technology, the Tornado Cash ruling may provide greater clarity on the legal status of smart contracts.
This ruling offers a new perspective on the legal framework for cryptocurrency projects and the authorities of regulatory bodies. The inability to classify Tornado Cash’s smart contracts as property could set a precedent for similar projects, potentially allowing for more flexibility within the regulatory environment.
