The Ethereum Foundation's decision to commit significant funds – potentially $1.25 million – to Roman Storm's legal defense isn't just about protecting a developer. It's about protecting you. This is not only about protecting the future of New York’s innovation ecosystem, it’s about protecting the future of privacy.

Code is Speech, Not a Crime

Picture as per an egregious theoretical example, as though libraries were liable for the content of every book they circulate. Absurd, right? That’s exactly the precedent being set with the prosecution of developers like Roman Storm and Alexey Pertsev. They wrote code. Code which, as all technology, is a double-edged sword that can be used for good or ill.

Pertsev, who received a $1.25 million grant from the Ethereum Foundation previously, now faces the consequences of writing code, even with the principle that "privacy is normal, and writing code is not a crime."

Second, the government claims that Tornado Cash is uniquely able to help people launder money and evade sanctions. Because of this, they feel that the onus lies on the developers. This logic is terrifying. It’s a dangerous precedent that would criminalize technologies by the thousands. Should the developers of encryption software be liable any time a criminal uses their product to hide their communications? Are products like knives so dangerous that their manufacturers should be incarcerated whenever one is used in a violent crime? Of course not.

This isn't just about crypto. This isn’t just about fair use though it is an important issue about our basic right to create and disseminate information. This isn’t about punishing specific behaviors, this is about the radical chilling effect that these prosecutions will have on innovation. Who will be bold enough to go build tools that enhance privacy if they could be imprisoned for the behavior of third parties.

Privacy: A Right, Not a Privilege

We live in an age of unprecedented, dragnet surveillance. Our governments and corporations surveil our every move, buy up our personal data, and use it to control our behavior. Privacy is not an across-the-board luxury good, but rather a public good necessary to protect all of us from abuse and maintain our autonomy.

Tornado Cash, despite its flaws, offered a crucial service: the ability to transact privately on the Ethereum blockchain. Not to dismiss the concerns about its potential misuse, we have to acknowledge its legit use cases.

Think about journalists protecting their sources, activists organizing against oppressive regimes, or ordinary citizens simply wanting to keep their financial transactions private from prying eyes. These are not criminals. They are people exercising their fundamental rights.

Whether or not they use it, the attack on Tornado Cash is an attack on their rights. It’s an obvious and dangerous attempt to stifle dissent and control the narrative. It’s a troubling move in the direction to make privacy a privilege instead of a right.

Defending Freedom: A Moral Obligation

Paradigm kicked in on the defense effort with $1.25 million. Along with the Ethereum Foundation and community, they raised over $3 million dollars.

The Ethereum Foundation's support for Roman Storm is not just a legal strategy. It's a moral imperative. As practitioners, they have a deep commitment to the ideals of free speech and privacy. More than that, though, they understand the inestimable value of innovation.

These legal battles against Storm and Pertsev are more than just one-off cases. They hope to set an important precedent for the future of technology. Holding developers liable for the actions of third parties will have a chilling effect on innovation. Besides the obvious dangers of chilling speech, it will create an overall climate of fear.

We have to fight for what we believe in. Join us, and let’s support the Ethereum Foundation in their efforts! Join us in supporting independent developers and defending the future of privacy. Let’s make it clear that code is speech, not a crime. Third, let’s agree that privacy is a human right, not a privilege.

This isn't just about Tornado Cash. It's about the future of freedom. It’s not just about clean air, clean water, habitat for endangered species—it’s about the future world we want to live in. Let's fight for it.

  • Educate yourself and others: Share this article, talk to your friends and family about the importance of privacy and the dangers of these prosecutions.
  • Support organizations fighting for digital rights: Donate to the Electronic Frontier Foundation (EFF), Coin Center, or other organizations that are working to protect our freedoms in the digital age.
  • Contact your elected officials: Let them know that you support the right to privacy and that you oppose the criminalization of code.

As of this writing, the criminal cases against Storm and Pertsev remain pending. This is occurring even though OFAC delisted Tornado Cash smart contract addresses on March 21. Storm is in custody as he prepares for his July 14, 2025 jury trial.

The ongoing criminal cases against Storm and Pertsev continue, even after OFAC delisted Tornado Cash smart contract addresses on March 21.Storm awaits his jury trial scheduled for July 14, 2025.