DOJ Clarifies Crypto Developer Liability: “Writing code is not a crime”

The U.S. Department of Justice (DOJ) has provided long-awaited guidance on crypto developer liability, stating that writing code without criminal intent does not constitute a crime.

Speaking at the American Innovation Project Summit on Aug. 21, DOJ Criminal Division head Matthew Galeotti said the department recognizes the importance of distinguishing between innovation and illicit activity.

“Our view is that merely writing code without ill intent is not a crime,” Galeotti said. “Innovating new ways for the economy to store and transmit value and create wealth without ill intent is not a crime.”

The remarks are the DOJ’s clearest statement yet on how it interprets developer responsibility in the context of blockchain and digital assets.

Addressing liability concerns

Crypto developers have long expressed concern about being held criminally liable for code that is later misused by others, particularly in cases involving smart contracts or decentralized protocols.

Galeotti directly addressed these fears, emphasizing that liability requires specific intent. “If a developer merely contributes code to an open source project without the specific intent to assist criminal conduct, aid or abet a particular crime, or join a criminal conspiracy, he or she is not criminally liable,” he explained.

Read More:

Fed Minutes Reveal Growing Focus on Stablecoins Under New U.S. Law

This clarification suggests that creating or contributing to open-source crypto projects does not in itself expose developers to charges, unless prosecutors can prove intent to facilitate crime.

Industry impact

The comments are expected to reassure developers and investors in the blockchain ecosystem, where uncertainty around liability has often created legal risks. By formally drawing a line between innovation and criminal conspiracy, the DOJ is signaling that it aims to encourage responsible development while still targeting illicit use cases.