The digital rights group Electronic Frontier Foundation has filed an amicus brief in the defense of Tornado Cash developer Roman Storm, citing the criminalization of privacy and the prosecution's chilling effects on free speech.

The prosecution of Roman Storm threatens to chill the development of privacy software, framing the use of privacy-enhancing tools as inherently suspect

• EFF highlights the Government's attempts to criminalize privacy and urges the court to directly apply the Fifth Circuit's sanctions reversal to dismiss the criminal prosecution of Roman Storm
• Alternatively, EFF urges the court to dismiss the case on grounds of due process, as the Government's argumentation may result in chilling effects on the development of software as an expression of free speech
• The EFF recognizes that Tornado Cash's immutable nature "is worrisome to the government," but that it is no answer "to stretch the reach of existing criminal laws beyond their breaking point" in attempts to criminalize the development of software

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