Interesting. This judge must not have read the 6th Circuit opinion in Junger v Daley (2000):
https://t.co/j67WRuQW5H
“Having concluded that the First Amendment protects computer source code, we reverse the district court…”
Yesterday, Tornado Cash judge stated code is not speech, non-custodial software providers can be money transmitters, and specific knowledge of criminal activity is not required to be charged with conspiracy to commit money laundering.
All the arguments:
https://t.co/CMdWT6mvcK
@MattGunner32@YankeeGunner@gooner145@MarkOgden_ I just rewatched them all lol
Saka + Gyok v Leeds
Zubi v NF
Martinelli equalizer v City
Both headers v NUFC
Eze v CP
Nwaneri v BHA
That’s 7 mins into a 22-min comp
@MattGunner32@YankeeGunner@gooner145@MarkOgden_ If you watch a compilation of all of Arsenal’s 100+ goals this season, you’d realize you’re playing into Ogden’s narrative by believing it’s true.
This piece was written by Senior Judge of the Southern District of New York Jed S. Rakoff, who thinks that cryptocurrencies will likely serve "no positive purpose" other than fraud and crime.
I ain’t now lawyer, but I’m pretty sure that so openly communicating your personal bias towards an entire industry is a pretty banging violation of your oath to impartiality.
What's more is that he directly references the Samourai Wallet sentencing – claiming that the developers were sentenced "for facilitating more than $200 million in money laundering."
Except that that's not what they were sentenced for – the money laundering charge was dropped in exchange for a guilty plea to unlicensed money transmission.
It is beyond unbelievable that a judge would see no problem in publicly expressing such opinions while getting literally the most basic facts wrong on cases that appeared in his own district court.
The Future of Privacy
@realDonaldTrump@elonmusk@RealRossU@maxkeiser
The technology reshaping our world is quietly changing the algebra on privacy.
For more than two centuries, privacy has been a core American principle. The Bill of Rights makes this explicit. The Fourth Amendment protects citizens in their “persons, houses, papers, and effects.” The Fifth Amendment shields individuals from compelled self-incrimination. Even in modern times, laws such as HIPAA reflect the belief that some categories of personal information should remain beyond casual or warrantless scrutiny.
That moral and legal framework began to shift in the early 21st century. After September 11th, the Patriot Act expanded surveillance authorities dramatically, justified by national security concerns. Since then, Americans have lived in a persistent tension between secrecy and surveillance, debated by intelligence officials, technologists, civil-liberties advocates, and ordinary citizens who simply want some measure of privacy in their daily lives.
In the digital era, this tension has evolved into an arms race.
On one side, privacy-preserving technologies have advanced: encryption, virtual private networks, secure messaging, and privacy-focused browsers. On the other, surveillance capabilities have grown just as rapidly: packet inspection, metadata analysis, pervasive monitoring, and increasingly powerful AI systems that infer far more than users knowingly disclose.
Finance has become the most consequential front in this conflict.
Financial privacy complicates tax enforcement, regulatory oversight, and intelligence gathering. Historically, physical cash served as the default privacy layer for lawful personal transactions. But cash usage has declined steadily, and operating entirely outside digital financial rails is nearly impossible in modern life.
This is where cryptographic financial technology enters.
Crypto systems are neutral infrastructure. They can enable radical transparency, exposing every transaction to public scrutiny. They can also enable strong privacy, limiting transaction visibility and making personal financial behavior difficult to surveil at scale. That dual capability has made digital finance the newest battleground over privacy.
During the Biden administration, this conflict intensified. Regulatory and enforcement actions signaled a clear preference for financial systems designed around maximum visibility. Privacy-enhancing crypto technologies were treated with hostility, entire categories of financial privacy were discouraged or criminalized, and developers of open-source privacy tools were targeted. This posture, often referred to as Operation Chokepoint 2.0, reflected a broader effort to push digital finance toward surveillance-first outcomes, including the exploration of central bank digital currencies.
Today, as the Trump administration enters its second term, the most aggressive and visible elements of this approach have receded. Debanking pressures have eased, and the tone around digital assets has shifted. That said, it would be a mistake to assume the underlying conflict is resolved. Powerful interests within the banking system and national security apparatus remain deeply uncomfortable with technologies that limit financial surveillance.
The prosecution of the Samourai developers illustrates this unresolved tension.
Two open-source software developers now face severe criminal penalties for writing code that enables transactional privacy, functionally comparable to a VPN for financial activity. This is not a case involving fraud, theft, or market manipulation. It is a case about whether building privacy-preserving infrastructure itself constitutes a crime.
That should give pause to anyone who believes privacy remains a legitimate feature of a free society.
The appropriate venue for resolving this question is not the criminal justice system. It is the political process. Americans deserve an open debate about what level of financial privacy is acceptable in a digital economy, just as earlier generations debated encryption, free speech, and surveillance in communications.
Mr. President, this moment matters. A substantial and principled group of your constituents is watching closely. Just as you intervened in the case of Ross Ulbricht to address a clear injustice, this case presents an opportunity to reaffirm that writing open-source code to protect privacy should not be treated as a criminal act.
History will not judge societies by how efficiently they surveilled their citizens, but by whether they preserved the freedoms they claimed to protect.
@Puncher522
https://t.co/KVMs9WwO7A
I received my designation from the Bureau of Prisons this morning
I will report to FPC Morgantown in West Virginia on December 19th
Thank you for all the noise you're making. Please continue sharing our story to get the attention of @realDonaldTrump so he may right this wrong
#pardonsamourai
“Code is free speech! Nobody should ever be prosecuted for writing a program. If we allow these men to be imprisoned, it sets the very bad precedent that freedom of speech only exists as long as it conforms to the will of the state, and that is not the hallmark of a free or civilized society.”
Michael Lehmann
https://t.co/QT7xnIcAYU