Why Section 604 Is the Clarity Act Fight Crypto Developers Are Watching

Senator Ron Wyden has urged Senate leaders John Thune and Chuck Schumer to preserve the Blockchain Regulatory Certainty Act (BRCA) in any version of the Digital Asset Market Clarity Act (Clarity Act) that reaches the floor.

The Oregon Democrat made the request in a recent letter. He was the co-sponsor of the standalone BRCA, alongside Republican Senator Cynthia Lummis.

Why Clarity Act’s Section 604 Matters

The BRCA sits inside the Clarity Act as Section 604, as passed by the Senate Banking Committee. The provision clarifies that non-custodial software developers are not money transmitters solely because they create or publish code.

Wyden argues the BRCA provides a “commonsense clarification” that the Bank Secrecy Act and the criminal code should be viewed together. He added that the provision will allow Congress to codify existing federal policy.  

In addition, Wyden noted that it would unify the Financial Crimes Enforcement Network (FinCEN) and the Department of Justice (DOJ) policy, so that enforcement resources focus on bad actors.

He framed the measure as protection for neutral developers.

“I strongly agree with my colleagues that any digital asset market structure legislation must include robust anti-money laundering and countering the financing of terrorism (AML/CFT) guardrails to prevent digital assets from being misused by bad actors. While critics of the BRCA point to the purported impact of the provision on AML/CFT, this is inaccurate,” the letter read.

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A Contested Provision

Section 604 has become a sticking point in the Clarity Act, alongside the absence of ethics provisions addressing potential conflicts of interest. Law enforcement acceptance of the language remains uncertain.

Recent moves show a mixed picture. The Major County Sheriffs of America adopted a neutral stance on the Clarity Act following discussions with the administration regarding Section 604.

Separately, earlier this month, the National Organization of Black Law Enforcement Executives (NOBLE) formally endorsed the bill, becoming the first major law enforcement group to do so.

Other groups still hold reservations. The bill needs Democratic votes, including those of Senators Catherine Cortez Masto and Mark Warner, to clear the 60-vote threshold.

Whether the softening opposition converts into support may become clearer once the Senate returns from recess.

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The post Why Section 604 Is the Clarity Act Fight Crypto Developers Are Watching appeared first on BeInCrypto.