4.8 • 1.1K Ratings
🗓️ 8 October 2024
⏱️ 88 minutes
🧾️ Download transcript
Today Jake Chervinsky is back on the podcast to discuss Tornado Cash developer Roman Storm's court case and its implications on DeFi and the crypto industry.
Could DeFi be made illegal in the United States? Are DeFi developers going to be prosecuted if criminals use their code? Is it just DeFi? What other sectors could be at risk?
The answers to these and many other questions are discussed in today’s episode.
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TIMESTAMPS
0:00 Intro
4:44 Roman Storm’s Case
12:52 Is DeFi at Risk?
18:20 The Ruling & Its Implications
21:29 Money Transmission Explained
25:52 Roman Storm’s Arrest
30:54 Are All DeFi Protocols At Risk?
36:17 Prosecution of Privacy
43:11 What This Ruling Means & What’s Next
48:41 Best & Worst Case Scenario
53:11 Other Sectors At Risk
57:35 Other Cases
1:03:48 Totalitarian Nightmare
1:08:21 SEC Updates
1:12:00 US Election 2024
1:17:30 Geofencing
1:23:21 Are We Winning & Conclusion
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RESOURCES
Jake Chervinsky
https://x.com/jchervinsky
Jake Chervinsky’s Tweet
https://x.com/jchervinsky/status/1839412423096467753
A Practical Guide to Geofencing
https://variant.fund/articles/practical-guide-to-geofencing/
Defend Roman Storm
https://juicebox.money/@defend-roman-storm
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https://www.bankless.com/disclosures
Click on a timestamp to play from that location
0:00.0 | This is, in my view, for the first time, the United States government saying, |
0:04.1 | the developer of an open source immutable smart contract protocol |
0:08.4 | should go to prison for how someone else abused that protocol even though there was nothing you could do to stop it. |
0:19.1 | Welcome to Bankless, where we explore the frontier of internet money and internet finance. |
0:24.0 | This is Ryan Sean Adams. David's out today, so I'm here to help you become more |
0:29.0 | bankless. |
0:30.0 | Pretty hard to go bankless if they make it illegal to go bankless. On Friday, September 26th, a US judge ruled that, quote, |
0:39.0 | control of funds was not necessary, end quote, for money transmitter laws to apply to the tornado cash developer |
0:46.0 | Roman Storm. |
0:47.1 | This is a court case I'm referencing that we've talked about a number of times on Bankless. |
0:51.8 | If you're not familiar with it, we get into some of the details |
0:54.3 | in today's episode. The question I had when I heard about this was, did they just make |
0:59.7 | Defe facto illegal in the United States, the development of Defy? This is a |
1:05.2 | terrifying precedent regardless and it really begs the question, do all Defy |
1:09.9 | developers become criminals if criminals use their code? Are D-5 protocols |
1:14.2 | now unregistered money transmitters? And what would that mean? Is the |
1:18.4 | Department of Justice waging a war on money laundering or are they trying to wage a broader war on privacy and all forms |
1:26.1 | of decentralized crypto. |
1:28.1 | Crypto lawyer Jake Chivinsky is our guest today and he shed some light on all of these questions. We've called this |
1:33.4 | tornado cash case the most important case in history so far of our fight for |
1:38.3 | crypto freedoms. I think it'll answer questions like can code be sanctioned by governments? Can crypto developers be |
1:44.9 | arrested at the whim of an enforcement official? That's what's at stake in this |
... |
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