Washington, D.C. (Nov. 20, 2023) – Blockchain Association announced today that it has filed an amicus brief in the 5th Circuit appeal of Van Loon v. Treasury regarding OFAC’s sanctions against the privacy-protecting software known as Tornado Cash. OFAC’s sanctions mark the first time that OFAC has sanctioned computer software, rather than the individuals or entities that misuse such tools. We argue that OFAC’s actions are unlawful, exceed their statutory authority, and are arbitrary and capricious, running contrary to the Constitution. This amicus brief in the Fifth Circuit follows an earlier district court brief filed in April of this year.
The following statement is attributed to Blockchain Association Senior Counsel Marisa Coppel:
“OFAC’s action sets a dangerous new precedent that drastically exceeds their authority and jeopardizes law-abiding Americans’ right to privacy. OFAC must see Tornado Cash for what it is: a tool that can be used by anyone. Rather than sanctioning a tool with a lawful purpose, OFAC should remain focused on the bad actors that misuse such tools. We’re encouraged the Fifth Circuit will have the chance to weigh in on this critical case.”