- Blockchain security expert Michael Lewellen has filed a lawsuit against the Department of Justice (DOJ), alleging the unconstitutional criminalization of software development
- The lawsuit challenges the DOJ’s indictment of software developers under ambiguous legal standards, raising concerns about its impact on innovation and free speech
- Lewellen’s action has been supported by Coin Center, who agree that the DOJ’s actions threaten open-source development and personal freedoms
Blockchain security expert Michael Lewellen has taken legal action against the U.S. Department of Justice (DOJ), arguing that its criminalization of software development violates constitutional rights. Lewellen is backed in his action by Coin Center, of which he is a Fellow, claiming that the DOJ’s attitude sets a dangerous precedent for innovators and creators in the tech industry. The case arises in response to the DOJ’s recent indictment of Tornado Cash developers, which Lewellen argues imposes undue restrictions on open-source tools and free expression.
Fighting for Developers’ Rights
Lewellen’s lawsuit directly addresses what he calls the “unconstitutional overreach” of the DOJ. The case focuses on the alleged criminalization of software developers whose tools could potentially be used for unlawful purposes. In a tweet, Lewellen stated, “Criminalizing software development under vague legal standards is a direct attack on innovation and free speech. The future of open-source development is at stake.”
Today, I’m taking a stand against the Biden administration’s unjust crackdown on crypto development. I’ve filed a lawsuit against the DOJ to challenge their flawed and unjust interpretation of the law.
My work on Pharos—a non-custodial protocol for public goods…
— Michael Lewellen (@LewellenMichael) January 16, 2025
The legal battle stems from the broader issue of how laws, particularly those relating to cybersecurity and financial systems, are applied to software. Critics argue that the DOJ’s approach punishes developers for creating tools without clear guidelines or evidence of criminal intent. Lewellen contends that this approach not only stifles innovation but also undermines constitutional protections, such as freedom of speech and due process.
Broader Implications for Open-Source Innovation
The implications of this case extend far beyond individual developers. Lewellen highlights the chilling effect such legal actions could have on the entire open-source community. “If developers can be held liable for how others misuse their software, we risk destroying the very foundation of open-source innovation,” he warned.
Coin Center, a nonprofit focused on policy issues surrounding decentralized technologies, has supported Lewellen’s efforts. The organization’s Executive Director, Jerry Brito, emphasized that this case is not just about protecting individual developers but also about safeguarding the principles of transparency, collaboration, and free expression that drive the tech industry forward.
As the legal proceedings unfold, Lewellen’s case could set a crucial precedent for how the law treats software developers and open-source innovation in the digital age.