Storm argues Google and OpenAI should face the same DOJ logic that convicted him for Tornado Cash, as their AI tools aid North Korea. The CLARITY Act offers developer protections but faces long odds.
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Roman Storm, the convicted founder of Tornado Cash, turned the Justice Department’s own reasoning back on two of the biggest names in tech. Storm, found guilty in August 2025 of conspiracy to operate an unlicensed money transmitting business, pointed out that North Korean IT workers still use ChatGPT for writing and coding and Google Gemini for forgeries and image alteration. His argument: if the DOJ holds a developer liable for a neutral tool that bad actors abuse, then the same standard should apply to Google and OpenAI, which profit from subscriptions while their products aid the same adversary.
“That’s exactly the theory behind USA v. Roman Storm: build a neutral tool, bad actors abuse it, and the developer gets prosecuted instead of the criminals,” Storm wrote on social media. “If that logic is absurd for Google and OpenAI – it’s absurd for Roman Storm. You prosecute the criminal, not the toolmaker. Writing code is not a crime.”
Storm’s conviction set a precedent that software developers can be held criminally responsible for how third parties use their code. He argued that large companies should face the same scrutiny. “So let’s be consistent: subpoena every Google and OpenAI employee. Dig through their text messages for any hint they knew their tools were used by DPRK. Indict them for 20 years in prison on IEEPA charges,” he said.
The case has drawn attention to the Digital Asset Market Clarity Act, known as the CLARITY Act, which would shield developers from liability for illicit use of their protocols. The bill faces an uncertain path to passage, with a scheduled vote on a motion to proceed but low odds given the approaching midterm elections.
Separately, the Treasury Department removed economic sanctions against Tornado Cash after a review. The mixer had been blacklisted for its role in laundering funds for North Korean hackers. Storm’s conviction remains in place, but the sanctions lift changes the regulatory posture toward the tool itself.
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