I think that following the arrest of founders and seizure of Samourai assets, we as a community should do our best to assess the situation in order to better understand privacy's future.
In the last few years we've seen intense international crackdowns on known privacy methods for bitcoin transactions. International police operations were organized against mixers, bitcoins were seized, founders were arrested and on many cases services were shut down completely.
But in the case of Samourai wallet, there's something new. While Samourai wallet's developers also made it explicitly clear that their software and services were provided with the intent of hiding the origin of funds, the difference of their services is that unlike mixers, what Samourai did it was largely decentralized, and also open-source.
So what really went wrong for Samourai?I'll put some of my own thoughts into this but really the more input the better.
Being too cockySamourai wallet appeared to have lots of fans on social media. Not only that, but the wallet's founders also would often bite into it and post provoking comments on social media. Here's a small example below:
Note: The connection between the approach U.S. authorities had and the above screenshot isn't just speculation, it's taken directly from the
DOJ's report on the crackdown.
Providing servicesSamourai devs didn't stop at just being devs. It was a company, a service and a community. They were earning from fees, selling items, providing advice and doing it all very publicly.
Also from the DOJ's report:
Samourai collects a fee for both services, estimated to be about $3.4 million for Whirlpool transactions and $1.1 million for Ricochet transactions over the same time period.
There's a chance, albeit a slim one, that if Samourai was just open source wallet software provided as is, without a company behind it, and without the developers offering for-profit services within their software, that they could have avoided prosecution. Moreover, running a community and having such a pompous social media presence surely attracted a lot of attention.
Being U.S. basedWell, aside of just offering services, Samourai also operated as a U.S. company and openly provided services and sold items to U.S. individuals. Since they decided to go the for-profit route, they could have at least attempted to block U.S. individuals instead of openly advocating them to become clients.
Is there anything that could have been done at all?Worth noting that if in the U.S. something is seen as a domestic threat politically, feds are known for really throwing the book at someone. For example Ross Ulbricht was jailed for life for operating the Silk Road even though he had never touched the items sold on the marketplace. And even though there was a lot of corruption within his prosecution in terms of what the agents did. The courts didn't care. On another instance,
a developer got arrested and sentenced to prison for simply intending to attend a North Korean crypto conference. He didn't even profit or offer services to North Korea, he just wanted to go there and give a speech. And
more recently a person that is said to have helped him go to North Korea was also indicted in Spain, just because he's suspect through a "Korean Friendship Association"...
The grasp of U.S. authorities is very far reaching throughout the western world. If they want to silence someone they'll just slap him with unfair charges that will be very hard to fight in court since they're coming from a very high level authority, and the courts are also subservient to the same governments and interests groups.
But even for people running services the US doesn't like while living outside of what we'd consider the western sphere of influence, we've seen them arrested in the past. For example two Russians had been
arrested in Argentina for running z-library, a free book download service. This is even though they didn't operate under an official company and hadn't published their names.
So a question that arises, is what can privacy tool developers do realistically?
Try to operate in anonymity, to their best effort remain outside of western countries, not offer any services at an official capacity or establish any companies... And even that probably isn't enough sometimes.
Well under this pretense, it seems like privacy tools for crypto would have to be operated in a very rogue way if they'd want to survive the current U.S. regime. What do you think?