A cryptocurrency regulation bill cleared a key early hurdle after advancing out of the Senate Banking Committee last week, but the legislation still faces several obstacles that could endanger its success on the Senate floor and beyond.
The Clarity Act, which aims to provide guidelines for financial regulators on how to regulate the crypto industry, cleared the Senate panel Thursday with the support of all GOP members and two Democrats.
Despite the bipartisan nature of the vote, the lack of support among several crypto-friendly Democrats, as well as outstanding concerns from influential outside groups, could prove difficult for the bill to overcome.
Here are the issues to watch in the coming weeks:
Democrats remain on the fence
The Clarity Act received support from two Democrats on the Senate Banking Committee after last-minute maneuvering to secure a bipartisan vote, but the measure will need at least eight Democratic votes on the floor.
While Sens. Ruben Gallego (D-Ariz.) and Angela Alsobrooks (D-Md.) voted for the bill at Thursday’s markup, both warned they could pull their support down the line.
They are part of a larger group of about a dozen crypto-friendly Democrats who have been negotiating with Republicans on crypto legislation since last year.
Several of these Democrats who sit on the committee — Sens. Mark Warner (Va.), Catherine Cortez Masto (Nev.), Raphael Warnock (Ga.), Andy Kim (N.J.) and Lisa Blunt Rochester (Del.) — declined to support the bill.
Law enforcement warns against ‘blanket exemption’ for developers
Another major hurdle for the Clarity Act is opposition from law enforcement groups to a provision providing protections to software developers.
The provision declares that developers who do not control customer funds are not considered money transmitters.
Law enforcement groups have argued this is an overly broad exemption and would make it hard for them to track criminal activity on crypto platforms.
Check out a more in-depth breakdown of the Clarity Act’s challenges at TheHill.com.
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