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by randomran01234 1401 days ago
GitHub can do whatever it likes as a private company. But there are laws that protect against chilling effects:

https://en.m.wikipedia.org/wiki/Chilling_effect

The bigger problem is whether republishing the source code would make you a target of the sanctions. If a user republishes the source code on Ethereum, pirate bay, Gitlab, or another host then it is reasonable to assume their actions might be interpreted as “supporting the Tornado Cash project” which makes them a target of the sanctions. If a user modifies the code and republishes it probably will fall under same risks.

1 comments

Chilling effects laws have absolutely nothing to do with a company's voluntary decisions. That's a bizarre misunderstanding of their usage.
US sanctioning an Ethereum contract address and unrelated source control providers deleting user accounts and repositories is a good example of chilling effect in action. The individual developers are not in scope of the sanctions, and are not sanctioned entities. Not even the source code or its many individual repositories are directly sanctioned, but chilling effect is leading hosting services to erase it all as a precaution.

https://harvardlawreview.org/2020/02/the-establishment-claus...