Vitalik Buterin Supports Tornado Cash Developer Facing Five-Year Sentence: "Don’t Criminalize Code"

Summary:
Ethereum co-founder Vitalik Buterin has publicly defended Tornado Cash developer Roman Storm, who is facing up to five years in prison. This legal case raises significant questions about the treatment of open-source software development and its implications for digital privacy rights.

Key Takeaways

Vitalik Buterin is defending Tornado Cash developer Roman Storm amid legal troubles.
Storm could face five years in prison for charges related to conspiracy and money laundering.
The case raises critical issues regarding privacy tools and their classification under U.S. law.
Support for Storm is growing within the crypto and tech communities.

Vitalik Buterin Supports Tornado Cash Developer Facing Five-Year Sentence: "Don’t Criminalize Code"

Buterin Highlights the Threat to Privacy and Digital Rights

In a recent post on X, Roman Storm has reiterated the urgency of his situation as legal proceedings continue against him. He warns that the portrayal of privacy applications as synonymous with money laundering could have lasting implications for the future of open-source software. Storm is calling on the crypto community to express their support through letters, indicating that public backing is one of the few remaining tools as his court battle unfolds.

In response, Vitalik Buterin released an extensive letter supporting Storm, framing the case within the larger context of personal privacy, safety, and digital rights. Buterin emphasized his ongoing support for Storm’s work, stating that he has personally utilized privacy tools developed by Storm for legitimate purposes, such as making software purchases and charitable donations.

He believes that privacy should be viewed as an essential right rather than an extreme notion, highlighting how it was regarded as a standard protection prior to the widespread normalization of digital surveillance.

Buterin dismissed the notion of unrestricted governmental access to personal financial data, citing frequent data breaches and the problematic practices of data brokers who share sensitive information with private entities. He characterized Storm as a dedicated developer who prioritizes quality and long-term functionality over profits or publicity, pointing out that Tornado Cash tools remain operational even years after active development ceased. This fact, he argues, sets Storm's work apart from modern consumer technologies and underscores why he should not be penalized for creating neutral software.

Storm Faces Significant Legal Challenges

Roman Storm faces serious legal issues after his arrest in August 2023, where he was charged with conspiracy to commit money laundering, operating without a proper money transmitting license, and violating U.S. sanctions.

Following a federal trial in August 2025, the jury rendered a mixed verdict, convicting Storm of the unlicensed money transmission charge — which carries a maximum penalty of five years — but failing to reach a consensus on the money laundering and sanctions charges. These unresolved charges mean Storm remains at risk of a retrial with potentially more severe penalties.

He is currently free on bail as post-trial motions progress. Storm's legal team has filed for an acquittal, arguing that Tornado Cash is a non-custodial, immutable protocol, contending that writing open-source code does not equate to operating as a money service. Prosecutors have opposed this motion and have not disclosed whether they plan to retry the undecided charges in 2026.

Support from fellow developers, legal experts, and advocacy organizations continues to grow. Many assert that the case contradicts the long-standing FinCEN guidance, which specifies that non-custodial software developers do not qualify as money transmitters.

Over 65 organizations have urged the intervention of President Donald Trump, labeling the prosecution as an instance of "regulation by prosecution" that could hinder technological innovation and push it abroad. Industry groups have also highlighted recent statements from the DOJ indicating that developers who do not have malicious intent should not face criminal charges merely for publishing code.

Additionally, the sanctions against Tornado Cash were lifted in 2025 after a federal appeals court decided that the Treasury Department overreached its authority by sanctioning immutable smart contracts. This ruling serves as a critical point of reference for Storm’s defense, although prosecutors argue it does not apply to the specific conduct of his charges.