#比特币2026年行情展望 The Tornado Cash case is reshaping the legal landscape of the crypto industry, and the story is much more complex than you might think.



**Key Turning Points in the Legal Battle**

OFAC initially wanted to sanction Tornado Cash as an "entity" and seize the smart contract as "property." The court’s response was a slap in their face: open-source code is speech, not property. This ruling is significant for the industry—it means code is protected under freedom of expression.

However, the DOJ’s criminal charges took a different approach. They didn’t focus on whether the code is property but instead targeted the developers themselves: Are you "operating" a money transfer business? Do you know this tool is being used for money laundering? That’s the real attack angle.

Jury disagreements highlight the core issue—technology is too complex, and responsibility boundaries are blurry. Developers relinquished control of the code, but should users’ misuse be their responsibility? There’s no simple answer to this.

**Industry Chill**

The most immediate impact is that open-source developers are now considered high-risk professionals. Releasing a privacy tool, even with a disclaimer of no responsibility for how it’s used, could still lead to legal action. Many have been scared off from developing in DeFi and privacy sectors. Samourai Wallet was affected by similar risks.

Ironically, adoption of Zcash and Monero is actually increasing—users think, "Since centralized platforms are subject to censorship, I might as well use true privacy coins." Of course, this comes with the cost of these coins facing stricter scrutiny. The SEC’s investigation into Zcash in 2026 ended in acquittal, but that doesn’t mean the risks are gone.

**Clear Political Colors**

The Republican side leans toward protecting innovation, while Democrats emphasize the need for financial regulation. This case has become a symbolic battle of "surveillance state vs. personal privacy"—far beyond just legal issues, it’s an ideological struggle.

**Current Deadlock**

As of January 2026, the Tornado Cash protocol is still operational—it can’t be shut down. Over $2.5 billion in transactions have been processed. The deadlock charges against Storm may be reconsidered; Semenov is still at large, Pertsev is in custody. Different rulings from the Fifth and Eleventh Circuits suggest this case might go all the way to the Supreme Court.

Overall, this case has indeed reshaped the legal framework for decentralized technology, but what responsibilities developers should bear remains a tangled mess.
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WalletWhisperervip
· 12h ago
the jurisdictional fragmentation here is actually the tell... when circuit courts contradict each other like this, you're watching market inefficiencies crystallize into legal doctrine. tornado's still processing 2.5B annually because the protocol literally can't be stopped—that's not resilience, that's just physics meeting regulatory theater.
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ETHmaxi_NoFiltervip
· 12h ago
Wow, code can also serve as evidence? Now developers really become scapegoats. The DOJ's tactics are ruthless, they don't care about code freedom at all, just target individuals. Monero's price is surging with the trend; coins that can't be censored do have their reasons. The most outrageous thing is that the protocol can't even be shut down and is still running—such is the power of technology. Open-source developers are now walking landmines; who dares to touch privacy tools? This probably has to go to the Supreme Court for a definitive ruling, it's too mind-boggling.
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SandwichVictimvip
· 12h ago
Ridiculous, now developers have become the scapegoats? --- The code is indeed impressive as a statement, but the DOJ's move is perfect—targeting people directly, not the code. --- Laughing to death, the uncloseable protocol, with $2.5 billion in transactions continuing to run, isn't regulatory embarrassment? --- What does the final acquittal of Zcash mean? It still depends on how the Supreme Court rules. --- The more privacy coins are banned, the more they are used—this logic is truly ironic haha. --- It's just a struggle of ideologies; the law is just a pretext. --- The spring for open-source developers is over; if this gets bigger, it will be a big deal.
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BTCWaveRidervip
· 12h ago
The court's slap on OFAC is truly brilliant; establishing the logic that code = speech makes you the real winner. --- Basically, they still want developers to take the blame. Whatever users do, it's all my fault? --- Open-source developers are now considered high-risk professions. Offending anyone is less risky than offending the Department of Justice. --- The funniest thing is that Tornado can't die no matter what. What does a $2.5 billion trading volume say about it? --- The political atmosphere is so intense that it ultimately ends up in the Supreme Court. This script is well written. --- Surprisingly, Zcash and Monero are gaining popularity? The stricter the regulation, the more attractive privacy coins become. This is what you call the law of extremes.
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SatoshiLeftOnReadvip
· 12h ago
Code freedom vs. money laundering risk, this thing really has no answer --- Developers are becoming high-risk professions, who still dares to touch privacy tools? --- The most incredible thing is that Tornado can't even be turned off haha, decentralization is this cool --- Let's wait for the final ruling from the Supreme Court, no one knows what to do now --- The political flavor is so strong, it shows that this is not just a legal issue --- Pertsev is still serving his sentence, so sad --- Privacy coins have actually risen, the stricter the censorship, the more demand there is --- Things that even juries can't understand, why should we be able to understand them? --- Is the open-source spirit dead or alive? After reading this case, I really can't tell --- The DOJ's move is ruthless, directly targeting developers rather than the code itself
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