The Ethereum Foundation recently announced a donation of $ 1.25 million to support Alexey Pertsev, Tornado Cash developer, in his call against a money laundering. This support raises a fundamental question on the responsibility of technology creators: should they be responsible for the uses that individuals do with their tools, or is it the user who carries real responsibility?
“Protection of privacy is normal, and writing code is not a crime”
On X, the Ethereum Foundation announced a donation of $ 1.25 million to support the legal defense of Alexey Pertsev, Tornado Cash developerwhile preparing his appeal against his conviction for money laundering in the Netherlands.
Great News! Thank You @ethereumfndn For Making a Huge Donation to My Legal Defense for the Case in the Netherlands đȘ I'm very Grateful that I can now Complely Focus on Preling My Appeal. This means the world to me. Let's Do This Together! đ https://t.co/rdoqihkq5g
– Alexey Pertsev (@alex_pertsev) FEBRUARY 26, 2025
In this tweet, the foundation says that ” confidentiality is normal, and code writing is not a crime », A formulation taken up by Vitalik Buterin, the co -founder of the Ethereum blockchain.
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This is not the first time that the Ethereum community has supported Alexey Pertsev. In December 2024, he had already benefited from an impetus of solidarity, in particular with the gift of 50 Ether by Vitalik Buterin to finance his legal defense as well as that of Roman Storm, another developer of Tornado Cash, who will be tried in the United States on April 14.
Thank You @Vitalikbutin For Helping Us End the Year on Good Note, with a 50 Et Donation to Both Roman and Alexey's Legal Aid.
ZK is the future. https://t.co/wiy8b6v4qa pic.twitter.com/sm16lhnuc7
– Free Pertsev & Storm (@Freealexeyroman) December 31, 2024
This initiative echoes the support of the investment company Paradigm, co-founded by Matt Huang, which also paid $ 1.25 million to finance the legal defense of Roman Storm.
Paradigm will be donating $ 1.25m to help fund novel storm's legal defense
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We must stand with @RStormsf https://t.co/ovphnyegfd
– Matt Huang (@Matthuang) January 28, 2025
Released under electronic surveillance, Alexey Pertsev sees in his return a glow of hope, a chance to prepare his call and ” fight for justice ». Although he recognizes that residential assignment does not rhyme with freedom, he concedes that it is ” Better than prison ».
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Individual freedom and moral responsibility: a fight for privacy
As Alexey Pertsev pointed out on X, this contribution represents precious support, allowing him to devote himself fully to his call. But for his lawyer, Judith de Boer, it's much more than that:
This support highlights the importance of the legal ramifications of this case. It is not only a question of my client, but the rights of free software contributors and the guarantee that privacy technologies are not unjustly criminalized. This call offers a second chance to reverse the previous one created by the court at first instance.
The conviction of Alexey Pertsev in May 2024 for the laundering of $ 1.2 billion via the platform caused the indignation of private life defenders and cryptocurrency developers, who argue that he only created open source software, without engaging in criminal activities.
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A tool, whether digital or physical, is inert, without its own intention. It is the use that is made by the individual who determines the purpose of this tool. If each tool, each technology, is likely to be used badly, should we restrict the very creation of these tools on the pretext that they can be diverted?
The real question that arises is therefore that of individual freedom and moral responsibility: should we punish the tool or punish the individual who chooses to make it misuse?
This is precisely the question that the American Federal Court of Appeal answered in November 2024, announcing the sanctions against Tornado Cash. The court judged that the OFAC had exceeded its legal skills by targeting technological tools rather than the real criminal actors who use them.
By declaring illegal the registration of Tornado Cash on the black list of the American Treasury, this decision could constitute a crucial legal precedent for the appeal of Pertsev.
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Source: @ethereumfndn
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