- 5 min read
Tornado Cash and the Criminalisation of Code: Why the Crypto World Must Embrace Global Compliance

Contents
- 5 min read
The arrest of Tornado Cash developer Alexey Pertsev in the Netherlands and the US Treasury’s sanctioning of the protocol have ignited a firestorm across the crypto community. Many see this as a harrowing example of governments criminalising code—an act that cuts at the very fabric of open-source development and decentralised technology.
But here’s the hard truth: Tornado Cash isn’t the future. Compliance is.
At Digital One Payments, we believe in the promise of decentralisation, privacy, and financial freedom—but not at the expense of legal integrity, public safety, or global trust.
It’s time the crypto industry had an honest conversation about the dangers of platforms like Tornado Cash, and why embracing compliance across jurisdictions—from Australia to the UAE—is the only path forward.
What Is Tornado Cash (And Why It Matters)
Tornado Cash is a decentralised Ethereum-based mixer that allows users to obfuscate the origin and destination of crypto transactions. Essentially, it “cleans” tokens by breaking the on-chain link between source and destination.
It’s technology. It’s open-source. And yes—it was used by both legitimate privacy-seekers and some of the world’s most malicious actors, including North Korean hacking syndicates like Lazarus Group, to launder over $1 billion USD in stolen crypto.
In 2022, the US Treasury sanctioned Tornado Cash, citing its role in facilitating large-scale money laundering and financing of terrorism. The EU followed suit, and by 2023, key developers were arrested or forced into hiding.
And yet the debate rages: “Can you really arrest someone for writing code?”
Code Is Speech—But Context Matters
The “code is speech” argument isn’t wrong. Under most constitutions, writing software is a protected act. But it doesn’t exist in a vacuum.
Here’s the nuance: No matter how good your tech is, 0.001% of people will always use it for nefarious purposes. That’s not unique to blockchain. Cars get used in crimes. Phones get used in fraud. And encryption gets used by terrorists.
But we don’t outlaw cars, phones, or encryption—we regulate how they’re used.
The issue with Tornado Cash wasn’t that it could be misused—it’s that it was designed without safeguards, deployed with no backstops, and continued operating with full knowledge of criminal abuse.
That’s not free speech. That’s reckless deployment.
And in a connected world, recklessness at scale becomes a global threat.
Global Jurisdictions Are Watching—and Coordinating
The Tornado Cash debacle wasn’t limited to the US. It sent ripple effects through Australia, Sweden, Canada, the UK, Dubai, and beyond.
Each of these jurisdictions is now tightening their grip on:
- Crypto mixers
- Privacy coins
- Non-custodial wallets
- Anonymous protocols
Why? Because the industry refused to self-regulate. The actions of a few bad actors—some hiding behind “freedom” while knowingly enabling billions in dirty money—have given regulators no choice.
Now, international bodies like the FATF (Financial Action Task Force) are pushing for the global adoption of travel rules and data sharing for all virtual asset service providers (VASPs). No longer can you hide behind a .eth domain or decentralised governance to avoid accountability.
Compliance Isn’t the Enemy—It’s the Bridge
At Digital One Payments, we reject the false narrative that compliance kills innovation. In fact, we see it as the bridge to global adoption.
We work with partners in:
- Australia: Registered as a Digital Currency Exchange (DCE) under AUSTRAC guidelines
- Sweden: Navigating the Financial Supervisory Authority’s (FI) new VASP licensing rules
- Canada: Adhering to FINTRAC compliance frameworks and KYC standards
- UK: Following the FCA’s evolving registration and AML requirements
- Dubai: Integrating with VARA’s new crypto asset framework for the UAE
This is not just about box-ticking. It’s about ensuring our clients’ funds are safe, traceable, and legitimate. It’s about building the infrastructure for a crypto economy that the real world can trust.
And it’s about proving that the crypto space can mature—without abandoning its core values.
We’re One Connected World Now
Crypto has no borders. But crime doesn’t either.
When the Tornado Cash story broke, funds stolen in Korea moved through smart contracts in Amsterdam, into wallets in Russia, and were cashed out in the UAE. It’s a single digital bloodstream, and we can’t pretend otherwise.
To operate ethically and sustainably, crypto projects must think globally. That means respecting laws even if they’re “not cool.” It means designing tech with compliance in mind from day one. It means choosing transparency when it counts.
Don’t Punish the Idea—Improve the Execution
Here’s the part that gets missed in the noise: Tornado Cash as a concept wasn’t evil. Privacy matters. Self-custody matters. Censorship-resistance matters.
But designing systems that can’t stop illegal use and refusing to act when crime becomes the majority use-case—that’s what crossed the line.
We must preserve the spirit of innovation without enabling systemic abuse.
That means:
✅ Building tech that respects privacy
✅ Incorporating smart compliance controls from the start
✅ Enabling auditable use without revealing private information
✅ Creating kill switches or circuit breakers for crisis scenarios
✅ Understanding that freedom without responsibility is a lie
The 0.001% will always find ways to exploit systems. Our job is to make sure we don’t hand them the tools on a silver platter.
At Digital One Payments, We Build for the Future
We build global-grade crypto and fintech platforms designed for:
✅ Real-time transaction monitoring
✅ Fully integrated KYC/AML compliance
✅ Chainalysis and compliance tools
✅ API-based onboarding flows
✅ Secure stablecoin, crypto, and fiat settlements
✅ Built-in audit trails and regulatory readiness
Our platforms are tailored to clients across Australia, Europe, the Americas, the Middle East, and APAC—and we build every solution from the ground up, so you can scale safely.
We believe in building tools that serve people, not hide crime.
If you’re looking to develop a crypto payments platform, decentralised app, or blockchain-based finance product that’s both innovative and compliant, let’s talk.
🚀 Ready to Build the Right Way?
📞 Call us now 24/7 worldwide: [tel:+61290579079]
📩 Email us: contact@digitaloneagency.com.au
📝 Free 1-hour consultation to discuss your blockchain, fintech, or crypto compliance project.
Let’s build the future—responsibly.
Digital One Payments
Powering ethical innovation for a decentralised world.
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