Crypto Developer Challenges DOJ’s Stance on Software Legality
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In a groundbreaking legal challenge, crypto developer Michael Lewellen has taken a bold step against the United States Department of Justice (DOJ), seeking judicial clarity on the legal status of cryptocurrency software development.
Lewellen, affiliated with the crypto advocacy group Coin Center, filed a lawsuit in a Texas federal court on January 16th against Attorney General Merrick Garland. The core of his legal action centers on his planned non-custodial crypto software called Pharos, which focuses on crowdfunding campaigns.
The lawsuit emerges against a backdrop of increasing governmental scrutiny of cryptocurrency software development. Lewellen argues that the DOJ has been expanding its interpretation of money-transmitting laws beyond constitutional boundaries, potentially infringing on First and Fifth Amendment rights.
Key to Lewellen’s argument is the assertion that his software does not provide direct control or possession over users’ cryptocurrency. His legal team contends that true money transmission requires controlling the funds being transferred, which is not the case with non-custodial software like Pharos.
The case draws parallels with recent high-profile prosecutions in the crypto space, including actions against Tornado Cash founder Roman Storm and Samourai Wallet co-founder Keonne Rodriguez. These cases have raised significant concerns within the cryptocurrency development community about potential legal overreach.
Lewellen’s lawsuit seeks multiple outcomes: a judicial declaration that his crypto business does not violate money-transmitting laws, an injunction preventing DOJ prosecution, and coverage of his legal expenses. His broader goal is to challenge what he sees as restrictive interpretations that could stifle cryptocurrency innovation in the United States.
This legal action is part of a growing trend of preemptive lawsuits challenging regulatory ambiguity in the cryptocurrency sector. Similar cases have been filed by companies like Consensys, Beba, and Lejilex, each seeking judicial clarification on the legal status of their crypto-related activities.
The timing of the lawsuit is particularly noteworthy, coinciding with potential leadership changes at the DOJ. With Attorney General Garland expected to step down and a potential transition of presidential administration, the legal landscape for cryptocurrency regulation remains fluid and uncertain.
Experts in the crypto industry are closely watching this case, viewing it as a potential landmark decision that could significantly impact the future of software development and regulatory approaches in the cryptocurrency ecosystem. The outcome could provide much-needed clarity on the legal boundaries of crypto software development and the extent of governmental regulatory power.
As the legal battle unfolds, Lewellen’s case represents a critical moment in the ongoing dialogue between innovative technology developers and regulatory authorities. It underscores the complex challenges of regulating emerging technologies while preserving fundamental rights of innovation and expression.