The Senate on Tuesday fell short of the 60 votes needed to advance the latest version of the CLARITY Act.
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Senate → fall → Act
The bill now returns to negotiations rather than moving forward on the Senate floor.
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bill → return → floor
That is a delay, not a defeat, and it hands the Senate something it did not have last week: time to get the text right.
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text → hand → something
One major issue still remains unresolved.
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issue → remain → ?
As written, the act does not provide a transition rule for digital asset transactions that have already taken place under the existing legal framework.
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that → write → framework
Congress now has the time to fix that using a framework it has already enacted once before: the LIBOR Act.
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it → have → framework
Landmark financial legislation often changes substantially before final passage, and the version of CLARITY that ultimately becomes law has not yet been written.
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that → change → CLARITY
That next draft may be the Senate’s best opportunity to address the legal uncertainty surrounding past digital asset transactions before the new framework takes effect.
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framework → address → effect
The CLARITY Act provides much of what the digital asset industry has been seeking for a long time, such as a clear definition of digital commodities, a jurisdictional line between the Securities and Exchange Commission and the Commodity Futures Trading Commission, and registration categories that reflect how tokens are currently traded.
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tokens → provide → Commission
But the framework is entirely forward-looking.
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framework → look → ?
The bill sets the new rules of the road for the future of the digital assets ecosystem, but leaves unresolved what happens to transactions that occurred before those rules existed.
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rules → set → transactions
This reality would expose major companies and market participants to private lawsuits using the regulatory framework that Congress is now in the process of replacing.
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Congress → expose → process
Congress has faced a similar roadblock before.
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Congress → face → roadblock
The Adjustable Interest Rate Act, enacted in 2022 as Division U of that year’s Consolidated Appropriations Act, paired a statutory transition process for legacy contracts with an express liability safe harbor in Section 105.
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Act → enact → Section
That safe harbor protected parties who followed the statute’s transition rules from being sued over the switch itself.
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who → protect → switch
Fraud claims and other misconduct claims stayed fully intact.
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claims → stay → ?
The bill passed with bipartisan support, ending years of regulator warnings about “tough legacy” contracts.
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bill → pass → contracts
The Stanford Securities Class Action Clearinghouse reports 103 federally filed crypto-related securities class action lawsuits, many of which claim that the sale of tokens on U.S.-based exchanges constituted the sale of an unregistered security.
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sale → report → security
Coinbase and Kraken continue to be named defendants in private lawsuits based on the same theory, even though the SEC has abandoned its own registration-based lawsuits against the exchanges as part of its broader retreat from enforcement-based regulation.
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SEC → continue → regulation
That gap is ultimately what the CLARITY Act leaves standing unless Congress closes it.
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Congress → leave → it
Clean slate language would have a similar effect on legacy digital asset transactions as Section 105 had on legacy LIBOR contracts.
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Section → have → contracts
Both are forward-looking laws that provide clarity on the treatment of prior events, and neither affects issuers’ liability for their own offerings nor agencies’ authority to enforce compliance with securities laws.
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neither → look → laws
The primary difference is that clean slate language addresses private litigation.
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language → address → litigation
This type of litigation is based on registration requirements related to secondary token trading.
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type → base → trading
Clean slate language would eliminate these lawsuits for all token trades that occurred before the CLARITY Act’s effective date.
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that → eliminate → date
Some may call this a clean slate for bad actors, but that’s not the case.
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that → call → actors
Clean slate language will apply only to registration-based claims related to secondary-market purchases through publicly traded exchanges.
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language → apply → exchanges
The clean slate language will not affect fraud, manipulation, or deceit claims, nor will it affect issuers’ responsibility for their own offerings.
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it → affect → offerings
The clean slate language will not change the SEC’s and CFTC’s authority to enforce either.
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language → change → authority
The intent of the clean slate language is to stop private plaintiffs from filing lawsuits years after an amended law has taken effect.
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law → stop → effect
More than one-fifth of the U.S. adult population currently owns a digital asset.
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fifth → own → asset
However, for years, many have participated in digital asset markets without the same level of regulatory clarity available in financial markets worldwide.
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many → participate → markets
The primary roadblocks are that there are no regulations regarding custody, and there is no clear distinction between security and commodity.
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roadblocks → be → security
This uncertainty has pushed much of the crypto market out of the country and into foreign markets.
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uncertainty → push → markets
As a result, U.S. citizens who use these types of exchanges or platforms have fewer rights and remedies available to them if something goes wrong.
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something → use → them
Only 12% of the top 10 centralized exchanges by market share are U.S.-based, while the U.S. captured just 2% to 5% of CEX volume growth between 2024 and 2025.
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U.S. → capture → 2024
This geographical shift isn’t limited to exchange volume.
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shift → limit → volume
Over 80% of cryptocurrency developers now live outside the U.S., showing how much of the crypto industry’s development happens internationally.
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much → live → development
So far, Senators working on the CLARITY Act have concentrated on the bill’s more controversial aspects (ethics restrictions, stablecoin rewards, illicit finance protections).
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Senators → work → aspects
Each of these areas has constituencies pushing for their priorities.
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Each → have → priorities
…and 11 more, not listed.