Earlier quoted context omitted.
I agree with your analysis. Ex post facto criminal laws are barred by the constitution for good reason. Retroactive punishment leaves people guessing what actions might or might not be punished.
Well, Github blocking an account is not considered "punishment" according to criminal law or constitution, only standard contract law would apply and I believe Github has the right to terminate such contracts if they wish. This consideration would apply if and only if the government would actually pursue criminal charges against someone who contributed to TornadoCash - which they possibly would if someone would do st…
I meant to offer the constitutional reasoning as a source for why retroactive punishment is problematic. Not as the binding legal principle.
I agree GitHub CAN do this.
My post offered the opinion GitHub should NOT do this.