According to Peter Van Valkenburgh, Executive Director of Coin Center, if the crypto market structure bill, the CLARITY Act, fails to pass, a future US government that is unfriendly to the industry may once again strengthen regulation of the crypto sector. If legislation concerning developer protections within the CLARITY Act and the Blockchain Regulatory Certainty Act is rejected, prioritizing short-term commercial interests and the current regulatory environment could potentially place the industry in an unfavorable position.
As reported by Cointelegraph, Peter Van Valkenburgh stated that the purpose of passing the CLARITY Act is to legally bind future governments, rather than relying on the stance of the current administration. In the absence of such legal protections, the crypto industry could be impacted by enforcement discretion, policy changes, and uncertainty. He disclosed that the CLARITY Act has been stalled in the Senate due to disagreements among banks, crypto businesses, and lawmakers over key provisions, including whether to allow stablecoin yields. The bill covers a registration framework for crypto intermediaries, digital asset regulation, and token classification, among other things.
Furthermore, in the absence of legislative clarity, a future administration's Department of Justice might intensify enforcement against privacy tool developers, treating them as unregistered money transmitters. Concurrently, existing interpretive regulatory guidance could also be rescinded. Former U.S. Securities and Exchange Commission (SEC) Chairman Gary Gensler was previously criticized by the industry for advancing policy through enforcement actions and settlements with crypto firms, rather than through formal rulemaking. Since his departure on January 20, 2025, the SEC has dismissed several long-standing enforcement cases against crypto companies and issued more lenient regulatory guidance.