On August 21, Matthew Galeotti, the head of the Criminal Division of the U.S. Department of Justice, spoke at the U.S. Innovation Project Summit, clearly stating that open-source smart contract developers do not have to bear unintentional criminal liability if there is no criminal intent. This statement provides clearer legal guidance for cryptocurrency developers and smart contract creators, addressing long-standing industry concerns about developers' criminal liability.

Contributions to Open Source Code Do Not Constitute a Crime

Galeotti emphasized that merely contributing code to open-source projects, without malicious or criminal intent, does not constitute a crime. He pointed out, "Simply writing code without malice does not constitute a crime. New ways of storing and transmitting value and creating wealth in the innovation economy, as long as there is no malice, do not constitute a crime." This position represents the most explicit guidance from the Department of Justice regarding developer responsibility in the digital asset ecosystem to date.

He further explained that charges of assisting and abetting illegal activities or participating in criminal conspiracies require prosecutors to prove that developers had a clear criminal intent. This sets a higher evidentiary standard for developer cases, ensuring that developers will be strictly limited in liability solely due to the misuse of their code. Galeotti stated that the Department of Justice recognizes that these issues involve "complex legal and factual matters" that require careful case-by-case assessment.

Protection Against Unauthorized Fund Transfers

In response to industry concerns that smart contract developers might face criminal charges for operating "unlicensed remittance businesses," the Department of Justice clarified protective measures. According to Title 18, Section 1960 of the U.S. Code (18 USC 1960), the Department will not initiate lawsuits for regulatory violations unless there is evidence that developers knowingly violated legal requirements.

Galeotti specifically provided protection for truly decentralized software. He noted that if the software can only automatically execute peer-to-peer transactions and third parties do not have custody or control over user assets, then no charges will be brought against third parties based on 1960(b)(1)(C). This guideline aligns with the stance of regulators that non-custodial crypto software does not constitute an unlicensed money transfer business.

Technological Neutrality and Protection of Legal Innovation

Galeotti reiterated the Department of Justice's principle of technological neutrality, emphasizing that legally developed tools should not lead to developer liability due to third-party misuse. He stated that prosecutors should focus on the actual wrongdoers who misuse the tools, rather than the well-intentioned creators. The Department of Justice treats crimes related to digital assets on par with traditional financial violations while striving to protect legitimate innovation from excessive regulation.

Industry Significance

The Department of Justice's statement directly addresses the concerns of defense attorneys and the cryptocurrency industry regarding the criminal liability of smart contract developers, providing greater legal certainty for open-source developers. By distinguishing between legitimate development and criminal behavior, the Department of Justice has created a more favorable environment for innovation in decentralized finance (DeFi) and blockchain technology. This guideline not only clarifies the boundaries of developer responsibility but also provides important legal protection for the future development of the digital asset industry.

In summary, the latest position of the U.S. Department of Justice indicates that as long as developers do not have criminal intent, the code they contribute to open-source projects or the decentralized tools they develop will be protected. This policy is expected to promote ongoing innovation in the cryptocurrency industry within a legal and compliant framework while upholding the principle of technological neutrality.

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