Tornado Cash's Roman Storm Gets Partial Privacy Defense in Trial

Key Takeaways

• Tornado Cash co-founder Roman Storm is on trial for money laundering and sanctions violations; proceedings are expected to last three weeks.
• The judge ruled the defense can reference privacy but barred appeals to broader constitutional rights, limiting arguments around the “right to privacy.”

Roman Storm, a co-founder of Tornado Cash, achieved a partial legal victory on Friday. A federal judge has allowed him to present arguments about privacy during his criminal trial. However, he cannot argue a constitutional “right to privacy.” The trial, which began this week, is expected to continue for three weeks.

According to a report from DL News, Judge Katherine Polk Failla's ruling responded to a request by prosecutors. They sought to prevent Storm’s defense from discussing privacy rights or mentioning violent incidents (like kidnappings) that could unduly influence the jury.

Judge Failla partially disagreed, permitting Storm and his witnesses to highlight the importance of privacy in crypto, but not as a legal right.

“They can discuss beliefs about privacy,” Judge Failla stated, “but must stay away from statements like ‘the right to privacy,’ which have legal connotations.”

Judge Failla clarified that while privacy could be cited to explain Tornado Cash’s origins and legitimate uses, broader legal rights could not be invoked.

Storm faces charges, including money laundering conspiracy, operating an unlicensed money-transmitting business, and violating U.S. sanctions. Prosecutors allege that the protocol obscured funds linked to North Korean hackers and other illegal entities.

The defense counters that Tornado Cash also served legitimate privacy functions. It helped users protect sensitive financial information in a space where blockchain transactions are typically traceable. They argue that journalists, activists, and everyday users widely used the tool for basic financial confidentiality.