After a controversial removal from the GitHub platform, the Tornado Cash source code is now back. This follows clarification from the FOCA, which specified the conditions under which its sanctions applied
GitHub republishes Tornado Cash source code
The removal of the source code of Tornado Cash on GitHub, the platform dedicated to open source projects, had made a big noise. This episode followed the addition of the blender on the blacklist of the Office of Foreign Assets Control (OFAC) of the US Treasury on August 8.
A section of the community felt that GitHub was being overzealous and that its actions were contrary to freedom of expression.
The complaints seem to have been heard, because as Preston Van Loon, an Ethereum (ETH) developer, pointed out, the source code of Tornado Cash has made its return on GitHub
@github has unbanned the @TornadoCash organization and contributors on their platform! https://t.co/ktdghDQKx8 https://t.co/Md17vFE9DZ
– prestonvanloon.eth (@preston_vanloon) September 22, 2022
However, it should be noted that this is only half a step backwards. And for good reason, if the code is indeed accessible again, it is however classified as “Public archive” at the time of writing.
This classification means that a source code can be consulted, but not modified by the community. It is therefore a “read-only” status.
FOCA’s clarification of the subject
On September 13, the US Treasury Department clarified OFAC’s position. If it is indeed forbidden for an American citizen to make transactions on Tornado Cash, this legal measure concerns only this type of actions and nothing else. The press release on this subject was very clear:
“While U.S. persons are prohibited from engaging in any transaction with Tornado Cash or its escrowed assets or ownership interests, interacting with the open source code itself, in a manner that does not involve a prohibited transaction with Tornado Cash, is not prohibited. “
Given these clarifications, there is nothing to prevent GitHub from restoring the original status of the Tornado Cash source code.
In passing, we can note that the OFAC reminds us, in a logical way, that these sanctions only concern Americans. This clarification reinforces the perceived feeling that several players in the ecosystem had over-interpreted these bans in their actions. It now remains to be seen whether GitHub will reactivate the possibility of contributing code in the near future
