Penguin logoPenguin TradingFind value beyond consensus
← Crypto News

FBI Pushes to Censor Hacker Funds, THORChain and Maya Stand Firm Against Censorship: How Far Can Permissionless Finance Go?

Author: Joel Valenzuela (@TheDesertLynx)

Translated by: TechFlow

TechFlow Reads: Following the latest Binance hack, the U.S. Federal Bureau of Investigation (FBI) has formally issued a public ultimatum to THORChain node operators, demanding an on-chain review and interception of stolen funds involved in the case. At this point, global cross-chain DEX protocols have completely fractured under state intervention: NEAR Intents and Chainflip have both chosen to submit and impose restrictions, while THORChain and its sister protocol, Maya Protocol, stand as the only lone holdouts in the industry that have not yet bowed down.

However, a tragic struggle cannot mask harsh reality. As a relatively young network with fewer than 120 nodes, THORChain faces not only the risk of physical legal crackdowns and node operator arrests, but also deep entanglement in frequent downtime due to engineering challenges. As legitimate users drift away due to unstable experiences, hacker funds blocked from centralized finance quickly inflate the proportion of illegal transactions, triggering the "10% Crime Funds Rule" that could see the network completely blacklisted and isolated by the global traditional financial system.

From the jailing of Tornado Cash smart contract developers alongside the immortality of their code, to the life-and-death stakes for a cross-chain liquidity network reliant on real-world validator nodes, this storm is driving the crypto world toward a final fork in the road: if aggregated liquidity pools are destined to be the primary target of regulatory fire, must true censorship-resistant finance ultimately retreat to pure peer-to-peer intent matching and unaggregated liquidity?

The U.S. Federal Bureau of Investigation (FBI) has formally requested assistance from THORChain node operators to review and intercept suspicious transactions linked to the latest Binance hack. We have officially entered a new era where governments and law enforcement agencies are increasingly pressing decentralized protocols openly and directly to enforce transaction screening.

For Permissionless Finance, this is a critical moment of no turning back.

Disclaimer: This article explores underlying protocols solely from academic and technical mechanism perspectives. However, it must be clearly understood that these networks are run by real living individuals who could genuinely face imprisonment. I absolutely do not encourage anyone to endanger their personal safety and freedom; please prioritize protecting yourself and your family above all else!

Should DEXs Bear the Blame for Hacks?

The root cause of this entire crisis lies in hackers—particularly those attributed to North Korean hacker groups—stealing massive amounts of funds, which they then used decentralized exchanges (DEXs) to swap into other on-chain assets they prefer.

Yet, DEXs themselves have in no way assisted in the theft or illicit transfer of funds. Poor security measures at centralized exchanges (CEXs), the incompetence of law enforcement and regulatory bodies, and the inherent design of underlying blockchains collectively enabled these thefts. Directly pointing fingers at DEXs makes absolutely no sense.

Sometimes, polite phrasing isn't the best way to convey a viewpoint. If you'd prefer a direct outburst brimming with intense emotion and angry accusations, watch the video below.

(Link to relevant tweet and original video: https://x.com/TheDesertLynx/status/2046665817392030048)

The Final Line in the Sand: Compliance or Resistance?

To date, virtually all major cross-chain decentralized trading protocols have implemented some form of transaction screening on stolen funds, most notably NEAR Intents and Chainflip. Only THORChain and its sister DEX protocol, Maya Protocol, have remained uncompromised so far.

THORChain and Maya Protocol form the final bulwark against the industry forming a consensus that "compliance on transaction screening is inevitable." This is the last line drawn in the sand.

If this line is breached, we may have to accept a grim reality: even if we possess permissionless currency at the base layer, acquiring and using it without funneling through heavily controlled centralized channels will become nearly impossible. This would severely strangle the upper limits of freedom that so-called free currency could achieve.

Previous public relations pressure from the entire crypto industry failed to force THORChain and Maya to submit, but government law enforcement agencies have now officially presented them with an ultimatum. While the future remains uncertain, it is highly plausible to infer that substantive law enforcement action is imminent: websites and GitHub repositories being taken down, cloud hosting services forcibly revoked, and node operators facing arrest.

A Cautionary Tale: Lessons from the Tornado Cash Trial

In going after similar core cryptographic tools, the U.S. government has already provided a highly typical real-world example: Tornado Cash.

Tornado Cash was and remains an Ethereum-based smart contract offering privacy protection for any user. Despite comprehensive sanctions against the contract and its associated addresses, and the imprisonment of its core developers, the immutability of smart contracts has kept the underlying code running indefinitely, with people continuing to use it to this day.

If the U.S. government launches a full-scale crackdown on THORChain, we can expect similar outcomes, but there are several crucial differences between the two that cannot be ignored.

The Legal Achilles' Heel of Front-End Interfaces: The Fundamental Difference Between Tornado Cash and THORChain

The THORChain founding team previously deliberately avoided directly operating the actual front-end website for user-initiated swaps, relying on a highly explicit separation of powers architecture to mitigate legal risks—a step Tornado Cash never took in its early days. Therefore, the defense that "we are merely writing open-source code" originally carried significantly more weight for THORChain.

However, THORChain recently deployed its own official front-end interface for swaps. This has suddenly complicated the situation. I am not entirely clear on the exact legal firewall between the front-end operating entity and the underlying code developers, but if this ever goes to court, these factual details will carry decisive weight.

The Node Dilemma: Ethereum Without Nodes to Shut Down vs. THORChain With Physical Nodes

The more critical core difference lies in this: Tornado Cash operates as an immutable smart contract atop the Ethereum mainnet. Unless Ethereum validators scattered across numerous different jurisdictions, forming a vast and resilient network, coordinate a massive joint action, no external force can completely shut it down.

Conversely, THORChain possesses its own independent validation nodes. If outsiders want to cut off its operation, they don't need to breach or coerce super-large underlying mainnets like Bitcoin or Ethereum.

The Most Lethal Path to Censorship: The 10% Crime Funds Ratio Rule

Recently, I conducted an in-depth interview with Alex Shevchenko, head of NEAR Intents, on the highly controversial topic of transaction screening at decentralized exchanges.

Caption: Joel Valenzuela interviews Alex Shevchenko, head of NEAR Intents, discussing whether decentralized exchanges should implement transaction screening.

(Link to related podcast and original video: https://x.com/TheDesertLynx/status/2115613867934101599)

At the conclusion of that conversation, the most thought-provoking core concept was what is known as the "10% Rule": whether a protocol can survive and maintain its legal standing depends entirely on the proportional balance between its legitimate and illegitimate activities.

If 90% of the transaction volume on THORChain comes from legitimate retail users, the protocol can still thrive even if 10% of on-chain activity stems from hacks and theft. But if the scale tips too heavily toward illegal or criminal transactions, external actors can easily economically besiege THORChain, readily classify it as an illicit platform solely for money laundering, and blacklist it outright.

Once THORChain becomes an isolated island, with law-abiding everyday users afraid to use it, the network would be a practical failure even if it continues to function technically.

If conditions deteriorate to this point, even a user facing screening risks will weigh the pros and cons: Is the higher risk causing a transaction to be flagged and frozen by NEAR Intents' SHIELD system, or is the danger of having funds permanently tainted and unable to be cashed out in the mainstream world greater when using THORChain for swaps?

Therefore, the FBI does not need to physically destroy the THORChain network at the technical base layer. They simply need to place it on a comprehensive blacklist, and the ecosystem could naturally wither and die in isolation.

An Immense Threat Looms: Is THORChain Ready to Face-Off Head-On?

With powerful regulators closing in, we must ask ourselves honestly: Is THORChain truly prepared to confront the most powerful government machinery in the world head-on?

Honestly, my answer is: I don't know. It might hold, or it might break. To be fair, the current prospect deeply unsettles me, primarily due to two underlying flaws.

Overwhelming Disparity: A Fragile Network With Extremely Few Nodes

Networks like Bitcoin and Ethereum, or Solana at a certain scale, along with battle-tested chains like Dash, Monero, Zcash, Bitcoin Cash, or Litecoin, are large enough that they could potentially stay online and operational when facing concentrated government crackdowns.

However, THORChain boasts fewer than 120 validation nodes. Its historical resilience against threats cannot compare to the aforementioned legacy projects, and it once teetered on the brink of extinction during the recent bear market.

As an emerging project with a total market capitalization of only around $200 million, resisting unimaginable top-tier political and judicial pressure would be akin to reaching for the sky. The situation is particularly dire given the host of competitors circling and NEAR Intents commanding a larger market share.

A Fatal Flaw: Frequent Outages Are What Drive Away Legitimate Users

This is the elephant in the room that everyone sees but hurts our hearts to acknowledge: THORChain frequently goes offline.

Downtime is downtime, regardless of whether that network halt stems from external government censorship or purely internal engineering challenges. It might not even require the FBI to wield the iron fist of state machinery; the network could fail to pose a genuine threat to any entrenched power simply because it consistently fails to maintain stable uptime.

More critically, poor availability directly undermines the key "10% ratio rule" I mentioned earlier. If law-abiding users encounter network outages while trading, they will switch to alternative solutions and very likely never return; meanwhile, hackers and illicit funds have no other options but to remain stuck here.

Over time, frequent outages will inevitably cause the passive spike in the proportion of transactions from criminals on THORChain. In my view, if THORChain ultimately fails, this is the root cause, rather than overt external censorship.

If THORChain Falls, Is Permissionless Finance Completely Doomed?

If THORChain sinks and drowns in this storm, are we all completely finished?

The short answer is: the future will become incredibly difficult, but it will absolutely not be a complete collapse.

Preserving the Spark: Maya Protocol, An Independent Architecture Without a Legal Entity

Maya Protocol, THORChain's sister project, remains robust. Although it faces many similar underlying architectural limitations, its team is far less vulnerable: the team is not based within the United States, and it has barely established formal legal entities that law enforcement could easily strike.

If THORChain ultimately proves unsustainable, I believe Maya will continue to operate. Most members of the THORChain community would simply need to migrate en masse and shift core development resources over to Maya. While undoubtedly a heavy blow, the spark will still endure.

The Ultimate Form of Anti-Censorship: Peer-to-Peer Intent Matching and Unaggregated Liquidity

In any domain, the ultimate path to achieving maximum censorship resistance always remains Peer-to-Peer.

THORChain is an extremely complex automated machine for aggregated liquidity, relying on a unified network to process every trade on demand. Frankly, this presents a target too large and too centralized for regulators.

However, when traders and liquidity are fully peer-to-peer, maintaining network operation becomes significantly easier. Law enforcement would have to take down each independent individual trader one by one across the globe, which is physically impossible.

Atomic Swap DEXs operate on precisely this mechanism, possessing formidable resistance to external censorship. However, their user experience is simply too poor, preventing them from ever accumulating substantial trading volume, and thus failing to pose a substantive challenge to any centralized power.

If a seamless, Intents-based architecture could be deployed to match independent peer-to-peer traders (rather than relying on vetted market makers like NEAR Intents), while delivering excellent user experience simultaneously, that would be the ultimate escape route for censorship resistance.

In such an architecture, without relying on pooled liquidity, swappers in high-pressure jurisdictions can choose to refuse counterparty deals with suspicious funds; meanwhile, traders in compliant-policy-friendly regions equipped with rigorous anonymity protections can continue operating freely. If no one is building this system currently, now is the time.

History has proven that decentralized sovereign currencies can achieve impregnable censorship resistance; we have also demonstrated that private usage of these currencies is equally viable. And now, free trade itself is being put on the chopping block.

Do we possess sufficient courage and resilience to win this final, grueling battle?