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by yieldcrv 1400 days ago
yeah you should ignore the hot takes and just read this article from the EFF and the linked Coin Center article on this.

otherwise nobody else knows what you are talking about and it just reads like strawman arguments to discredit something nobody here actually said.

The issues are that the order does not distinguish between an un/incorporated organization of humans called Tornado Cash, and the autonomous smart contract that those humans do not control. The autonomous smart contract has no way of petitioning to removing itself from the SDN list, which is a prerequisite for inclusion in the SDN list, and a prerequisite for an American to get a license or have any remedy under the Administrative Procedures Act. Another division of the Treasury, FinCEN already has knowledge on this distinction and has said it in the past, while the OFAC division is acting like it is not aware of that guidance at all. There are other issues with that.

The follow-on issues are that this creates a chilling effect on speech and expression. Nobody knows their liability surface, and alters their own behavior because they aren't sure if they're going to prison or not.