Court Upholds OFAC's Designation of Tornado Cash Under IEEPA

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The United States District Court for the Northern District of Florida issued a decision concerning the designation of Tornado Cash by the Office of Foreign Assets Control (OFAC). The case, identified as Case 3:22-cv-20375-TKW-ZCB, revolved around the designation of Tornado Cash under the International Emergency Economic Powers Act (IEEPA). The IEEPA authorizes the president to declare national emergencies to handle unusual foreign threats to the United States' national security, foreign policy, or economy. Utilizing this authority, the president had declared national emergencies concerning malicious foreign cyber-enabled activities and North Korea's nuclear missile program.

Tornado Cash, a service utilizing smart contracts on the Ethereum blockchain to provide a degree of anonymity to transactions, was designated by OFAC on August 8, 2022, and later re-designated on November 8, 2022. This designation was challenged by the plaintiffs, who are users and a non-profit cryptocurrency advocacy organization. They argued that the designation of Tornado Cash's core software tool exceeded OFAC's statutory authority since it is mere computer code and no foreign entity has a legally recognized «property interest.» The designation listed 91 internet addresses affiliated with Tornado Cash, aiming to block and prohibit transactions through these addresses.

The Court's decision upheld OFAC's designation. It rejected the plaintiffs' argument, stating that the operative language in the IEEPA is «any interest,» not «property interest» or «ownership interest.» According to the Court, Tornado Cash's founders, developers, and Decentralized Autonomous Organization (DAO) have an indirect beneficial «interest» through the service's usage,