Code Can Be Criminal, Says Dutch Fiscal Service
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Code Can Be Criminal, Says Dutch Fiscal Service

According to the Dutch Fiscal Information and Investigation Service (FIOD), Tornado Cash code may be punishable by law.

Code Can Be Criminal, Says Dutch Fiscal Service
The arrest of Tornado Cash developer Alexey Pertsev in the Netherlands sparked an outcry in the cryptosociety. It even prompted the Ethereum community to start considering the centralization (and thus potential censorship) issues of the Merge.

It seems like the developments around Tornado Cash are nowhere near being done either.

A statement published by the DeFi Education Fund Twitter account clarifies the position of the Dutch Fiscal Information and Investigation Service (FIOD), the agency that requested Pertsev's arrest. It says that while developing a tool is not prohibited, it "may be punishable" if it has been developed with criminal intent:

In an email exchange with Decrypt, Max Bernstein, the DeFi Education fund communications lead, said:

“Tornado Cash was routinely used for legitimate purposes. While we are still waiting for the specific charges against the developer to be released, the following must remain clear: Writing and publishing code must be protected in free societies and privacy is not a crime."

The FIOD is yet to comment in detail on the case but has confirmed that it is investigating independently of the US Office of Foreign Assets Control (OFAC). Further arrests over the Tornado Cash fallout are not ruled out.

While Tornado Cash has seen significant use by hacker groups from North Korea, it was to a large degree utilized for legitimate purposes. This helps explain the outcry from Crypto Twitter, which even led to discussions whether the Merge should be delayed due to centralization risks.

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