Seriously Risky Business Newsletter
August 18, 2022
When Sanctioning Code Makes Sense
Presented by
Policy & Intelligence
There has been some pushback on the sanctioning of Tornado Cash. One argument is that the specific type of sanction used — adding Tornado Cash to Treasury's Specifically Designated Nationals and Blocked Persons List — is inappropriate because a smart contract isn't a person that can be sanctioned.
A second argument — one we are more sympathetic to — is that the sanction affects innocent people. US citizens can no longer send or receive money from Tornado Cash without violating sanctions laws. Blockchain analysis company Chainalysis reports that Tornado Cash receives a lot of currency from illicit sources (almost 30% of funds received are stolen or have come from sanctioned entities), but that still leaves 70% that may be legal.
We think, however, that in this case punishing innocent people is not really a bug so much as a feature. For a mixer to be effective at obfuscating transactions it ideally has a large number of users all mixing similar amounts of cryptocurrency. By discouraging legal users, the US government is effectively shrinking that pool and also making it more likely that any Tornado Cash transaction is actually illicit. Additionally, Chainalysis’s Grauer says "cutting it off from compliant cryptocurrency businesses represents a huge blow for criminals looking to cash out".