Privacy is a fundamental value of Bitcoin, and mixing itself is not illegal. Even crypto exchanges use mixing techniques to protect user privacy.
Moreover, Ju emphasized that the legality of a feature depends on its use and intent. He drew a comparison to the use of a knife, which can be both lawful and illegal.
The founder of CryptoQuant explained that punishing the creator of a tool, rather than the one who misuses it, is akin to the situation. The service, in operation since 2015, is alleged to have facilitated approximately $2 billion in illicit transactions, generating around $4.5 million in fees.
Evidence suggests that the founders actively promoted the service to individuals seeking to launder criminal proceeds, particularly targeting participants in black and grey markets, especially during the COVID-19 pandemic. Edward Snowden, a prominent advocate for digital privacy, criticized the Department of Justice’s actions and called for money to be private by default to prevent criminalization of privacy.
Human rights advocate Lyudmyla Kozlovska also commented on the issue, highlighting the U.S. law enforcement’s capabilities to detect financial crimes involving cryptocurrencies. The FBI’s public service announcement on April 25 urged Americans to use only registered Cryptocurrency Money Services Businesses that comply with Know Your Customer (KYC) and Anti-Money Laundering (AML) laws.
They warned that using unlicensed services could lead to financial disruptions during law enforcement actions, particularly if the money is mixed with illegally obtained funds.