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Justice Needs Better Rules, Not More Punishment

Sacramento, USATuesday, May 5, 2026

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The Golden State Killer, DNA, and the Fight for Justice in the Digital Age

In the late 1970s and early 1980s, California trembled under the shadow of one of history’s most notorious criminals—the Golden State Killer. His reign of terror left countless victims in his wake, and for decades, he evaded capture. Then, a revolution in forensic science—Investigative Genetic Genealogy (IGG)—emerged, blending DNA analysis with genealogical research to finally crack the case. Since then, this breakthrough has solved over a thousand cold cases worldwide, delivering long-overdue justice.

But what if governments had stifled IGG before it even began? Generations of victims would still be waiting for answers. The lesson? Progress demands agility—not obstruction.


The Double-Edged Sword of Regulation

Technology advances at lightning speed, yet laws often drag behind like rusted anchors. A prime example? Cryptocurrency.

Ambiguous regulations and aggressive enforcement don’t deter criminals—they drown legitimate innovators in red tape. When rules are murky, the guilty slip through the cracks while the innocent face crippling uncertainty. Honest developers either flee to jurisdictions with clearer guidelines or retreat into the shadows. And that doesn’t make anyone safer—it just makes life harder for law enforcement.


Section 1960: The Law That Punishes Instead of Protects

For 25 years, prosecutors have battled gangs, hate criminals, and fraudsters—each case demanding precision to separate the guilty from the merely accused. Yet now, a law meant to thwart money laundering is being weaponized against software creators.

Section 1960 was designed to target shadowy cash exchanges and illicit storefronts. Instead, federal prosecutors are wielding it against developers who never touch real money, never hold user funds, and never facilitate crime. They built peer-to-peer tools—tools that let people trade directly, without middlemen, without fraud.

To call these developers criminals is like charging a hammer manufacturer for a murder committed with one. It’s not justice—it’s guilt by association.


The Exodus of Talent

This misguided approach has consequences. Talented developers flee the U.S. to avoid unjust prosecutions. The country’s share of open-source contributors plummeted from 25% to 18% in just four years. Every lost developer isn’t just a lost mind—it’s a lost tool, a lost solution, a lost chance to shape the future.

It’s the digital equivalent of kicking a scientist out of the lab because someone else might misuse their research.


A Fragile Truce

In 2025, progress arrived when the DOJ pledged not to prosecute truly decentralized software. But words on paper aren’t enough. Future administrations could erase that guidance with a stroke of a pen. Real safety comes from clear, forward-thinking laws—not surprise raids on bedroom coders.


The Real Criminals Aren’t the Code

Yes, criminals exist. Drug cartels launder money. Ponzi schemes rob investors. Exchanges facilitate fraud. But prosecuting an email provider for a scammer’s phishing scheme is absurd. Similarly, Section 1960 should strike at the crooks—not the code they didn’t write.

Good laws exist to protect people, not punish progress. The trick is crafting them with precision, foresight, and fairness.

Because in the end, the only thing worse than unsolved crimes… is a justice system that creates new victims in its quest for them.

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