TechFlow reports that on March 10, crypto journalist Eleanor Terrett posted on X stating that, upon reviewing the trial of Tornado Cash co-founder Roman Storm, Judge Failla drew an analogy to self-driving cars in the lawsuit filed by user Nessa Risle against Uniswap—and appeared more sympathetic toward Uniswap’s developers while adopting a stricter stance toward Tornado Cash’s developers.
According to materials shared by Eleanor Terrett, the judge’s view was that holding software developers liable for strangers’ misuse of neutral infrastructure would be illogical—that is, Uniswap was deemed “neutral infrastructure,” whereas Tornado Cash was considered to have “participated in illegal financial activity” (continuing operations despite knowing it was being used for money laundering). This statement suggests U.S. courts may, in future cases involving liability determinations for decentralized finance (DeFi) infrastructure, consider whether developers merely provide neutral tools rather than actively participate in unlawful conduct.
