This is an overreach, and it is going to backfire. The target here is a software package, essentially speech so, one step down That hill. At least congress isn't deluded, corrupt, and senile enough to try this. Edit: further, it seems they're going to have to shut down Ethereum too, because Tornado Cash's contract is a person, and subgroup of Ethereum under the definition of entity which falls under the definition of…
If the software is performing actions that are illegal, such as money laundering, for an entity that is a threat to national security, that is no longer covered by free speech. Right? Having or writing the code may be covered by free speech but actually using it to do something is not the same thing. I don't believe that EO is related to this case. These are OFAC sanctions against the entity Tornado Cash and its rela…
But no software is performing any action; A system running said software could, but the software by itself cannot.
And regarding a system performing actions: didn't the USPTO similarly declare that an AI (=software system) can never be qualified as an inventor, because it has no agency?