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This I agree with. That writing it was likely part of conspiracy to launder money and that publication of the already existing code is free speech are not contradictory positions.
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Am interesting analysis arguing GitHub has a First Amendment right to host independent copies of source code repository, and contributions to this fork, or any other, are also protected speech: eff.org/deeplinks/2022
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If just as an act of protest without actually using it, probably legal and ethical. If for personal or affiliates' use to conduct transactions? Maybe not. And it would possibly take a court to determine which.
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None of the governments is claiming that using it is illegal. It's illegal for a criminal to use it to hide the proceeds of their crimes, and they're saying that making it available to criminals is itself illegal. I haven't seen any claim that using it for privacy is.
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If something is an extralegal unregulated bank that's violating KYC requirements a bank would have to follow facilitating large anonymous transfers of wealth, I don't really care if governments lack the technical expertise to describe what's illegal about it accurately...
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...as much as I care that they actually take action to shut it down. I do believe we should continue to fight for the distinctions where they matter, but not to defend the people trying to make it easier to secretly transfer huge amounts of money.
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