DOJ Clarifies: Writing Blockchain Code Without Malicious Intent Is Not a Crime

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🔑 Key Takeaways

  • DOJ’s Acting Assistant Attorney General stated that writing blockchain code without criminal intent is not a crime.
  • Enforcement will focus on criminal misuse, not neutral software development.
CryptoQuibbler illustration of DOJ clarifying blockchain code is not a crime

🗞 Main Story

At the American Innovation Project summit, Matthew J. Galeotti of the DOJ Criminal Division declared that writing neutral blockchain code alone does not warrant prosecution unless tied to malicious intent.

CryptoQuibbler notes this marks a policy shift from treating developers as liable “money transmitters” toward recognizing that liability arises from misuse, not code itself.

CryptoQuibbler image of developers relieved after DOJ clarifies liability

🔬 Expert Opinions

  • Amanda Tuminelli, Executive Director at DeFi Education Fund: “This acknowledgment is a milestone—developers who create neutral tools shouldn’t face legal risk for misuse by others.”

🌟 Implications

  • Legal Clarity: Developers gain assurance that neutral code creation ≠ criminal liability.
  • DeFi Innovation: Reduced fear may spur more open-source development and experimentation.
  • Policy Shift: DOJ now distinguishes between bad actors vs. tool makers, a precedent for global regulators.

📝 Editorial Opinion

⚖️ Why This Matters

CryptoQuibbler’s view: clarity from the DOJ reduces a long-standing “chilling effect” on U.S. crypto innovation. By affirming that intent, not code, defines crime, the DOJ removes a key obstacle that scared developers away from building.

🚀 The Bigger Picture

Legal certainty is oxygen for DeFi. Expect talent flight reversal: engineers who avoided U.S. projects may return, fueling Ethereum, Solana, and Layer-2 ecosystems. But remember: enforcement discretion can swing back—watch for future administrations’ stance.

📘 Key Term Explanations

  • Money Transmitter: A legal category for those handling fund transfers. Relevance: previously misapplied to open-source devs.
  • Neutral Code: Software without inherent criminal purpose. Relevance: building blocks of DeFi protocols, wallets, bridges.
  • Intent Requirement: In criminal law, liability hinges on malicious intent. Relevance: shields neutral developers from misuse liability.

🛬 Sources

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