The government did not use that argument against Tornado Cash. They have unlimited resources to analyze the law and write these memoranda. If they thought that was a valid argument they would have raised it, I think. Remember, lightning providers don't transmit money, they "provide access". That's the purpose of the exemption. Maybe you can offer your assistance! You raise a good point. Regardless, I just picked out a small issue for this post. There are obviously many more, beginning with "code is protected speech" , which seems well settled. We'll all know a lot more once the trial court rules on this motion. Then we wait around for the appeals process.