Pardoning the Samourai Developers Would Restore Legal Clarity and Protect Non-Custodial Code

The case of Samourai Wallet developers Keonne Rodriguez and William Lonergan Hill raises critical questions about how non-custodial software is treated under U.S. law, specifically the Bank Secrecy Act (BSA). The developers created software allowing users to construct privacy-preserving Bitcoin transactions without ever taking possession or control of user assets, distinguishing them from regulated financial intermediaries. FinCEN's internal analysis supported this view, finding Samourai's architecture did not constitute money transmission, yet the prosecution proceeded on the opposite theory. Treating software creation as equivalent to operating a financial service blurs the legal line between authorship and conduct, threatening all privacy-enhancing and security-critical software, as code is recognized as expressive speech. A pardon would correct the misapplication of federal law, align the outcome with established regulatory distinctions, and prevent a chilling effect on innovation by reaffirming that developing non-custodial tools is not a criminal act.

(Source：Bitcoin Magazine)