“I'm totally opposed to OFAC looking at this,” said Emmer. “My problem is that this software is controlled by code, not by any person or entity. So if you think about it, the sanctioning of Tornado Cash is an unprecedented shift in the Office of Foreign Asset Control in their sanctioning policy.”

“Their primary priority is protecting the United States national security,” he added. “So I think our role – Congress – can be most effective in inquiring with OFAC to find out if they believe the sanction addresses are controlled by people, not code, and what this means for privacy rights and innovation.”