The intent in question is manifested in Tornado Cash's design, which doesn't pass the malfeasance smell test: you can't absolve yourself of illegality by automating the illegality.
Given that it also has legitimate uses, I think that's a very difficult case to make. Also, with very limited exceptions, nearly all crimes in the US require intent and/or knowing participation. It's a fundamental tenet of our system. There is a reason that they aren't being prosecuted in the US, and those reasons are outlined above. Perhaps Dutch law is different enough to allow a conviction; time will tell.
I'd also point out that Apple's device encryption scheme was specifically designed so that Apple itself cannot unlock devices, which thwarts law enforcement subpoenas for assistance. They can legitimately throw their hands up in the air and say "we have no ability to help you" - and that's by design. It is not illegal to design systems in this way. It just shifts the legal liability for misuse onto the users, where it should be.
You're not addressing the point about "(a)(1)(B)(ii), which concerns reporting requirements".
If they cannot meet US law for reporting requirements, then they are breaking the law, right?
The fact that this statement is 100% completely wrong in totality is common knowledge.
I recently bought a kayak. In my state I'm required to register the kayak and have a registration sticker on it. If I was unaware of this, there is no, "Oopsie! Didn't know" defense.
This principle goes back to Roman law - ignorantia juris non excusat. You may have heard Thomas Jefferson saying the English version, "Ignorance of the law is no excuse". It's one of the favorite things for judges to say as they sentence people in criminal proceedings.
> as due process required that the defendant have notice of the crime at issue. The Lambert decision explicitly recognized this fair notice requirement as an exception to the general rule that ignorance of the law is no defense.
I’m not saying that necessarily applies here but clearly ignorance of the law can sometimes be an excuse, no?
There are obviously workarounds without tornado cash but tornado cash is probably the cheapest option.
I don't know what Dutch law says with regard to intent/knowing participation, but I suspect that any system of laws in a civilized country would generally require it for criminal convictions.