Code is not a crime, and Alexey Pertsev should be free

The recent 64-month prison sentence handed down by a Dutch court to Tornado Cash developer Alexei Burtsev sends a shocking message to the tech community: the code itself is being criminalized. Not only does this ruling unfairly penalize a developer for creating software, it also sets a dangerous precedent that undermines innovation and stifles technological progress.

Burtsev's conviction for money laundering, based on his creation of Tornado Cash, is deeply troubling. Tornado Cash, a privacy-focused decentralized application, does not inherently facilitate criminal activity. Like any tool, it can be misused, but holding its creator responsible for how others use it sets a worrying precedent.

In March, during Burtsev's two-day trial, the 30-year-old Russian national justified his involvement in a cryptocurrency mixer by saying that its technology, particularly smart contracts, prevented him from identifying users who used its services to anonymize transactions. He said that this aspect was not under his control, stating that it would be a misinterpretation of the technology and an injustice for him to punish the Tornado agents. “I never had the desire to help criminals or tolerate them in any way,” Burtsev said. “I have a different mentality.” Tell The court. “I hope you understand that.”

This case mirrors earlier, more damaging cases where code was unfairly targeted and its creators persecuted. One notable example is the case of Aaron Swartz, a brilliant programmer and activist who tragically committed suicide after facing strict prosecution in the United States for his involvement in sharing academic articles online for free. The Computer Fraud and Abuse Act (CFAA), the law under which Swartz was charged, was used to compromise the soul of the Internet: the free flow of information.

Instead of scapegoating developers like Berstev and Schwartz, we as a society should focus on addressing the root causes of criminal activity and promoting responsible use of technology. This includes enhancing dialogue between developers, regulators and law enforcement to ensure innovation flourishes without compromising public safety.

In the ever-evolving digital finance landscape, Berestev’s ruling clearly indicates that the brave new world of cryptocurrencies is now officially under scrutiny. Pablito, head of security research at Blockfence, said on

A sad day for privacy, cryptocurrencies and open source. Tornado Cash developer Alexey Pertsev was convicted of money laundering and sentenced to more than 5 years in prison.
The war is not over yet. Privacy is a human right. pic.twitter.com/yAp5TDjp3K

— pablito.eth ♢ (@PabloSabbatella) May 14, 2024

Indeed, with the upcoming trial of Burtsev's co-developer, Roman Sturm, in the United States, scheduled for September, this tension, with the allegations of money laundering and sanctions violations surrounding it, looms large.

Underneath all this lies a deeper, more insidious struggle: the battle for control of the soul of the Internet. Will it surrender to the stronghold of traditional banking regulation, or will it forge its own path, freed from the shackles of surveillance capitalism?

It is also important to note that this struggle is far from over. The founders of innovative privacy-focused platforms, such as Samourai Wallet and Wasabi Wallet, have also faced recent arrests and shutdowns, while coins that offer privacy features find themselves delisted en masse. It is a systematic dismantling of privacy tools under the guise of regulation. But with these pillars of privacy crumbling, should human rights defenders be concerned? The answer is yes. In this struggle lies not only the fate of digital finance, but also the essence of personal freedom and privacy in the digital age.

Like John Perry Barlow, the real CEO of the free and open Internet, once He said:

“Governments of the industrial world, you weary giants of flesh and steel, you come from cyberspace, the new home of the mind. On behalf of the future, I ask you, Pastor, to leave us alone. You are not welcome among us. You have no sovereignty where we gather.”