TLDR Crypto · MISCELLANEOUS

TORNADO CASH AND THE LIMITS OF MONEY TRANSMISSION (1 HOUR READ)

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Summary from the TLDR Crypto newsletter

This article challenges the DOJ's attempt to classify Tornado Cash as an unlicensed money transmitting business under 18 U.S.C. § 1960, arguing that the statute's broad interpretation contradicts Supreme Court precedent and FinCEN guidance, which emphasize "control" as a key factor in money transmission. By applying Section 1960 to Tornado Cash's non-custodial, decentralized smart contracts, the DOJ risks prosecutorial overreach, potentially stifling innovation and privacy tools in blockchain technology.