The self proclaimed responsible for the attack on the DAO that seized improperly over 3.6 million of Ether, has declared that their actions are perfectly legal and is ready to retaliate against the organizers of the DAO and Ethereum if they won’t let him withdraw the funds.

The name of the alleged perpetrator of the attack is Mircea Popescu, who wrote on his blog, an open letter to the community Ethereum where argues that he is making use of a feature (split) explicitly codified in the terms of the smart contract. Mircea added that his law firm has been informed that their action is fully compatible with the laws of criminal and civil liability of the United States.

Who is Mircea Popescu?

Mircea Popescu is an author and entrepreneur of Romanian origin. He is the founder of MPEx, a Bitcoin house exchanges, is also co-founder of BitBet.us online betting page, also writes about crypto-currencies and social and technological issues on his personal blog trilema.

The argument that Mircea has on the legality of their actions, is based on that he only make use of one of the features that has the DAO smart contract. According to his opinion, he doesn’t enter or altered improperly a resource or private server to access the ETH stolen from the DAO.

Mircea thinks that any freedom express offer by smart contracts, including the ability to recursively call the functions of the contract as the split, is perfectly legal.

Certainly, Mircea has raised a very interesting poin,t and worthy of intense debates, since if we look at the situation with a cool head, Mircea only executed a function within the smart contract, as if this will be a legal clause within a traditional contract.

However, Stephen D Palley, private attorney in a Washington DC firm, believes that the argument of defense of Mircea is very poor, since a person cannot be detached from legal action only because a contract allows you to commit an illegal action. Stephen D Palley, says that theft is theft and there is no contract or legal argument that can exonerate it of their actions.

Apparently the issue will continue for several days, so soon the price of the ETH continues to decline and the opinions are very divided, some defend the DAO and the Ethereum project, others say that vulnerabilities found within the smart contracts affect negatively the future of the whole project and Ethereum organizers must do major adjustments primarily in the nature of security in order to give more confidence to investors.

What is your opinion on the matter, Mircea should respond to their actions or he acted perfectly legally?

Sources: ic.unicamp.br, bitcointalk.org, pdaian.com

Disclaimer: This press release is for informational purposes information does not constitute investment advice or an offer to invest. The views expressed in this article are those of the author and do not necessarily represent the views of infocoin, and should not be attributed to, Infocoin.