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Legal Certainty for Crypto: Lummis Defends Clarity Act

Wall Street Journal Markets •
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Sen. Cynthia Lummis defends the Clarity Act for cryptocurrency, responding to a Wall Street Journal editorial that praised some provisions but criticized others. She argues these concerns are misplaced. The current system leaves customers vulnerable to another FTX-style fraud, and the Clarity Act would provide much-needed legal certainty after years of regulation-by-enforcement that pushed American innovation offshore. Congress is finally willing to act.

The Journal's editorial board, in its Aug. 5 review, acknowledged that key provisions in the Senate's digital asset market structure bill are "worth supporting" but then went on to criticize other aspects. Lummis contends that such criticism overlooks the urgent need for a clear regulatory framework. Without it, consumers remain exposed to the kind of collapse that wiped out billions at FTX, and U.S. firms continue to relocate to friendlier jurisdictions.

The Clarity Act aims to resolve the ambiguity that has plagued the industry, distinguishing between securities and commodities and assigning oversight to the appropriate agencies. This would end the patchwork of enforcement actions that have created uncertainty and stifled innovation. Lummis emphasizes that the bill is not perfect but represents a critical step forward.

With Congress now willing to address the issue, Lummis urges support for the legislation, arguing that the alternative—maintaining the status quo—poses far greater risks to investors and the nation's competitive standing in the global digital economy.