Tornado Cash Developer Storm Appeals to Supreme Court Over Pre-Trial Disclosure

TLDR:

• Roman Storm has petitioned the Supreme Court to block a district court order requiring him to reveal his defense strategy before trial, arguing it violates constitutional rights
• The defense team claims this pre-trial disclosure requirement is unprecedented and would give prosecutors an unfair advantage
• Alexey Pertsev, another Tornado Cash developer, will be released from Dutch prison under electronic monitoring while preparing his appeal of a 64-month sentence
• Pertsev’s release follows a U.S. court ruling in November 2024 that declared sanctions against Tornado Cash unlawful
• Both cases have drawn support from privacy advocates and tech experts who argue developers shouldn’t be held liable for how others use their code

Roman Storm, one of the developers behind the cryptocurrency privacy protocol Tornado Cash, has filed a petition with the United States Supreme Court.

The petition, submitted on January 31, aims to prevent a district court from requiring him to disclose his defense strategy before his trial begins.

Storm’s legal team argues that the district court’s order violates fundamental legal protections, including the right against self-incrimination and attorney-client privilege. They maintain that forcing a defendant to reveal their planned arguments before trial would create an unfair advantage for prosecutors.

The defense team points out that such a requirement goes beyond typical pre-trial discovery rules. They argue this could set a dangerous precedent for future cases, particularly those involving new technologies.

In their petition to the Supreme Court, Storm’s lawyers emphasize that no previous legal precedent supports requiring defendants to reveal their entire defense strategy before trial. They warn that if this requirement stands, it could affect cases well beyond the cryptocurrency industry.

Meanwhile, in a related development, fellow Tornado Cash developer Alexey Pertsev received permission to leave prison in the Netherlands. After serving nearly two years of a 64-month sentence, Pertsev will be released under electronic monitoring to prepare for his appeal.

Pertsev’s conviction in May 2024 stemmed from charges that he helped criminals launder money through the Tornado Cash platform. Prosecutors in his case argued that he should have known the platform was being used to launder over $1 billion from various cyberattacks.

His release comes after a U.S. court ruled in November 2024 that sanctions against Tornado Cash were unlawful. This ruling could play a role in both developers’ ongoing legal battles.

Judith de Boer, Pertsev’s appeals lawyer, welcomed his release. She stated that it would allow them to better prepare his defense under more favorable conditions.

The cases have attracted attention from various technology and privacy advocacy groups. The Electronic Frontier Foundation and venture capital firm Paradigm have voiced support for Storm’s legal fight.

These supporters argue that holding software developers responsible for how others use their code could harm innovation in the cryptocurrency industry. Matt Huang, co-founder of Paradigm, has expressed concern about the potential impact on future development.

Tornado Cash itself operates as an Ethereum-based service designed to enhance transaction privacy. It works by combining user deposits and making it harder to trace the source of funds.

Supporters of the platform argue it serves a legitimate need for privacy on public blockchains. However, U.S. authorities have raised concerns about its potential use in money laundering and other illegal activities.

The U.S. Treasury Department’s decision to sanction Tornado Cash sparked debates about whether open-source software qualifies as protected speech. This question remains central to both Storm’s and Pertsev’s cases.

Storm’s case in New York recently faced a setback when the court rejected his request to dismiss the charges. The outcome of his Supreme Court petition could affect how courts handle similar technology-related cases in the future.

Pertsev’s appeal in the Netherlands continues alongside Storm’s legal challenges in the United States. The results of both cases may influence how courts treat privacy-focused cryptocurrency tools going forward.