Not good. I listened to a The Rage reporter take solace in the fact that:
- Judge let him remain free until sentence
- Judge said that the charge he was convicted on was "most appealable", and raised interesting questions.
That doesn't comfort me much. Hanging your hat on an appeal is always a position you don't want to be in.
I'd be curious for your thoughts in response to this:
view on x.comFor Roman, this was a good outcome. He isn't facing much time. For us, and I hate being selfish, this money transmission (1960) conviction could be bad if it's upheld on appeal. It could broadly be construed to affect non custodial wallets, and even lightning.
ugh. it's so frustrating to see laws (or decisions) like these that very clearly lead us down the path of losing freedom, but that aren't so dramatic that the mainstream population will care.
That's for sure. I hope he gets a good appellate lawyer.
https://xcancel.com/EleanorTerrett/status/1953146088602427664
Here's Coin Center's take:
source
That's good news about the pending legislation. Let's hope it passes.
This is pretty bad. From my understanding of the legal theory (mostly by talking to ChatGPT), even apps like Stacker.News could be implicated despite never actually being in control of customer funds. Even if all you do is control the interface that people use to directly transmit funds to each other, you could be classified as a money transmitter.
Exactly. I'm torn between analyzing the decision as a lawyer would or just taking a @DarthCoin approach.
As a layman I think the legal theory sounds extremely suspect. Are the makers of cash registers money transmitters? How about makers of leather wallets?
If you organize a game of holdem poker with friends are you a money transmitter
These are the types of cases that we need some organized bitcoin-centric legal non-profit. Something we could donate sats to in order to fund the appeal.
It would do the entire industry good if these "money transmitter" laws are deemed not to apply to wallets
bitcoin lawfare which I support
It's another conspiracy charge just like the Scamourai one, prosecution with their dick in hand yet again, the fact they can't make anything stick on the two most egregious products in the space is a massive W.
Hipsters that will use this to doom and virtue signal should be mocked until they cry and then mocked again for crying.
Some good news. Trump family is heavily invested in shitcoin defi. This decision would affect them. I hope he'll pressure DOJ and support the legislation.
https://decrypt.co/315093/trump-ethereum-defi-project-big-investment
So the Judge held the jury hostage until they unanimously convicted an innocent man.
A crypto dev is now an unlicensed money transmitter? Or any open source dev, if their code finds its way into a node? Black day for this community, but it was naïve to think that state won't fight its separation from money.
I didn't see which charge listed in your OP
It was the money transmission charge.
Lol
Exit the matrix. It's not easy, though.
Sigh
An appeal is not victory. Betting on it means you’re starting from a defensive stance.
Yes. And the stakes are high here for us if he loses.
Totally agree. When the "bright side" is that the appeal might work out, you're already deep in the hole. It’s hard to celebrate anything when the mere act of writing code, open source code, can land you in this kind of trouble. This sets a chilling precedent. Even if appeals win later, the damage to builders, privacy advocates, and the entire ethos of permissionless innovation is already being done.
I believe that there are 3 types of people you should avoid going to their offices...
This case sets a dangerous precedent for developers working on privacy-preserving tools. The fact that Roman Storm was found guilty on just one charge after a jury deadlock highlights the complexity and uncertainty around the legal treatment of open-source software. While it's somewhat reassuring that the judge acknowledged the appealability of the conviction and allowed Storm to remain free until sentencing, relying on appeals is a fragile defense. The broader issue is the criminalization of code especially when it's used for both legitimate privacy and illicit activities. We should be extremely cautious about punishing creators for how their tools are used, especially in decentralized systems. This verdict could have chilling effects on innovation in the privacy and crypto space.