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Recently, progress on the U.S. Senate's crypto legislation has hit a snag, mainly due to issues surrounding the DeFi developer exemption clause.
In simple terms, this clause aims to exempt non-custodial software developers who do not control user funds from registering as money transmitters and from anti-money laundering requirements. It sounds like a protection for developers, but law enforcement completely disagrees. Organizations like the National Sheriffs' Association and the National District Attorneys Association have directly warned that this would significantly weaken the ability to combat financial crimes. Even Senate Judiciary Committee Chairman Chuck Grassley has expressed similar concerns.
Interestingly, the crypto industry views this clause as the core of the entire bill. Amanda Tuminelli, Executive Director of the DeFi Education Fund, has explicitly stated that she will not accept any modifications to the clause's text. This stance is very firm.
On the other hand, Democratic Senators Catherine Cortez Masto and Mark Warner are pushing to amend this clause. This has led to a deadlock—it's difficult for the two parties to reach consensus in the Senate. If they can't agree, the bill might be advanced without Democratic support, making it hard to secure a bipartisan majority in a full Senate vote.
This development is worth paying attention to because it directly impacts the future regulatory environment for DeFi developers and also relates to the overall position of the crypto industry within the U.S. regulatory framework.