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Obfuscation Clarity Part 1: Mixers Are Guilty

Recent convictions show that 'non-custodial' doesn't mean 'non-criminal' when it comes to cryptocurrency mixing services. The cases of Roman Storm and the Samourai Wallet team reveal how conspiracy charges are reshaping the regulatory landscape for privacy tools in crypto.

Legal developments in both the Tornado Cash and Samourai Wallet cases provide a lot more clarity around mixers. For a long time, a common Web3 advocate position was that "non-custodial" services were merely software and could not require licenses or lead to the commission of crimes. If that sounds like an overly broad restatement of someone else's position then go ahead and read a few primary sources and decide for yourself. We think that is a fair representation. "Code is speech" or something...even when we are talking about deploying working systems and not simply publishing pamphlets.

These two cases provide different, but consistent, information about the general lay of the land.

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