Defining digital asset market and blockchain technology regulation?
H.R. 3633 establishes federal government regulation of the digital assets market and related blockchain technology. It seeks to increase transparency and accountability for market participants by mandating developer disclosures, standardizing product development, and outlining requirements for the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC). This bill creates a legal framework separate from U.S. securities laws, thereby exempting a portion of crypto assets from SEC oversight.
Sponsor: Rep. French Hill (Republican, Arkansas, District 2)
View full bill text ➔
How do you feel?
Opponents say
• "CLARITY legitimizes risky and exploitative crypto industry practices. The bill has massive exemptions for a wide swathe of the industry, essentially amounting to a get out jail free card for many risky crypto products and practices. Crypto firms are allowed to trade against their clients while keeping them in the dark. The investor protections that are included are weaker than existing law and largely leave investors to fend for themselves. And the bill’s weak or nonexistent measures to address money laundering and illicit finance mean crypto will continue to fuel and finance criminal actors and national security threats." Source: Americans for Financial Reform
• "Few if any token issuers will ever engage with that more rigorous process, given that the CLARITY Act already offers so many loopholes a token issuer could take advantage of instead of conceding that their offering represents an investment contract. Crypto issuers will claim they’re DeFi; claim that they're not offering investment contracts; claim that they're collectibles or meme coins; claim that they’re airdrops, or claim that they're subject to the [bill’s] grandfathering provision." Source: Amanda Fischer, Policy Director at Better Markets
• "There is worry about the CLARITY Act’s hands-off approach to certain crypto markets, particularly decentralized finance (DeFi). The bill, by the insistence of the crypto industry and House Republicans, explicitly carves out DeFi activity from its novel regulatory framework… [DeFi activity] is increasing rapidly, and I'm guessing it's going to be the majority of transactions very soon. I'm concerned about this bill and essentially launching a global naval strategy, and putting all your ships on Lake Superior when you know there's an ocean out there that you're not covering." Source: Rep. Sam Liccardo (Democrat, California, District 16)
Proponents say
• "The Golden Age of digital assets is here. ...The CLARITY Act will unleash innovation and ensure U.S. dominance in digital assets while protecting consumers from fraud." Source: Rep. Bryan Steil (Republican, Wisconsin, District 1)
• "Currently, the rules around digital assets are confusing and inconsistent… Under existing law, developers, investors, and businesses don't know which agency is in charge or which rules apply, and that has caused some real problems. Some projects have left the U.S. entirely and many consumers have been using risky platforms without basic protections." Source: Rep. Roger Williams (Republican, Texas, District 25)
• "Digital assets have emerged as a new and growing asset class over roughly the last 15 years—a byproduct of financial innovation and increasing retail and institutional interest. While the U.S. digital asset ecosystem and markets are still developing, interesting use cases and products have already been established. These include stablecoins, payment systems, non-fungible tokens, decentralized financial systems, and scaling solutions. Unfortunately, both the law and federal regulators have failed to keep pace with innovation, and as a result, there is significant uncertainty regarding the status and regulation of digital assets. …As I have expressed, a new statutory framework that accounts for digital assets would benefit the marketplace and consumers. The CLARITY Act provides a path forward for both market participants and regulators." Source: Elad Roisman, Former SEC Commissioner