The United States Federal Bureau of Investigation (FBI) has been criticized for allegedly violating the terms of the MIT License in its smart contracts.

On Oct. 10, X user 0xCygaar, a purported AbstractChain contributor, publicly accused the agency of using OpenZeppelin’s libraries — an open-source code resource — without properly including the required license attribution.

If confirmed, this omission could constitute a breach of copyright law, as the MIT License explicitly mandates that any substantial use or modification of its code include the original license.

The X user claimed they had alerted the FBI to “take the necessary steps against the… FBI.”

Source: cygaar

Allegations of license breach

The allegation centers on the FBI’s alleged failure to include the MIT License notice when utilizing OpenZeppelin libraries, which are widely used to create secure smart contracts.

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The MIT License governs its use of blockchain technology, particularly within the Ethereum ecosystem. It allows for distribution, modification and free use, provided the original licensing terms are maintained.

A public examination of the FBI smart contract on Etherscan reveals that the code is labeled “Unlicensed,” sparking mixed community reactions.

Etherscan data depicting the ‘Unlicensed’ smart contract code. Source: Etherscan

Legal and reputational implications

The implications of the alleged violation could be significant because the MIT License, while generally considered developer-friendly, is legally binding,

If OpenZeppelin chooses, it could pursue legal action by sending a cease-and-desist order, requiring the FBI to either correct the violation or discontinue its use of the code.

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However, any formal lawsuit against the FBI would face challenges due to sovereign immunity, a legal doctrine that generally protects US federal agencies from being sued without their consent.

While a lawsuit is unlikely, public and governmental pressure could push the FBI to comply with open-source licensing requirements.

The likely resolution

Given the circumstances and legal implications, the most likely resolution is for the FBI to amend the smart contract to include the required license notice. 

This amendment would ensure compliance with the MIT License and likely diminish or prevent further legal or public relations complications.

It remains unclear whether the agency will make a public statement or quietly resolve the matter behind the scenes as speculations grow in the community.

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