> The court’s reasoning on co-perpetration seems flawed to me. It suggests that Tornado Cash, let’s call it a digital platform or system, independently enacted the acts of hiding and concealing cryptocurrency with a criminal origin. This implies that a system can engage in criminal behaviour on its own—an unusual and potentially problematic interpretation, as it shifts the criminal conduct itself from individuals to systems.
> This could have significant implications for software developers if tools are perceived as independently capable of criminal actions, making the developers responsible for the tool’s ‘actions’.
https://hertoghsadvocaten.nl/kennisbank/tornado-cash-the-developer-as-co-perpetrator-of-money-laundering/