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Amanda Tuminelli
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Jul 29, 2026
Now or Never: Inside the Fight to Pass the CLARITY Act
8:53
8:59
9:11

Amanda TuminelliGUEST
I'm going to go back to the Blockchain Regulatory Certainty Act, which I still think is the most important part of this bill.

Amanda TuminelliGUEST
It tells software developers that if you are not custodying or controlling other people's money, you are not going to be responsible as a money transmitter, which has both criminal code implications and regulatory implications.

Amanda TuminelliGUEST
Running a validator, operating a node, creating an Oracle service, simply providing a user interface, those things are not the type of activity that those statutes are meant to regulate and therefore you don't need to register for doing only those activities.
The Battle for DeFi & Crypto Legislation! with Amanda Tuminelli
8:59
9:09
9:17
9:30
9:35
30:51

Amanda TuminelliGUEST
So the BRCA, the Blockchain Regulatory Certainty Act, actually has a long history of bipartisan support, even before Senators Lummis and Wyden introduced it this Congress.

Amanda TuminelliGUEST
So it was actually first introduced in the House by Whip Emmer and this cycle by Representative Torres together, which made it bipartisan.

Amanda TuminelliGUEST
And what it does is protect developers who don't have control or custody over anybody else's money from being treated like money transmitters, right? Because money transmitters transfer funds on behalf of other people.

Amanda TuminelliGUEST
So the Bank Secrecy Act defines money services businesses, MSBs, or money transmitters.

Amanda TuminelliGUEST
And then there's a criminal code provision, Section 1960, that says that if you operate an unlicensed money transmitting business, then that's a criminal felony, right? So there's two mechanisms here for enforcement, the BSA and the criminal code.
21 MINS LATER

Tony EdwardHOST
How does that work out with reporting to the government with transactions and revenue and all these things? Are we there yet where we have the clear rules to say, well, this is where things have to be reported and so forth?
