"Clear Law" security gap debate comes to an abrupt halt... The vote scheduled for May is imminent and highly anticipated.

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The U.S. Congress’s “Clear Act” aimed at restructuring the digital asset regulatory framework(Clarity Act)faced unexpected developments on the eve of the committee review in May (for clause examination prior to committee vote). The bill appeared to gain momentum, but in the past 48 hours, its core provisions have become embroiled in controversy over “weakening enforcement,” causing a sudden shift in atmosphere.

The controversy officially intensified on Tuesday, when Senator Thom Tillis(Thom Tillis)stated that he received concerns from law enforcement groups about specific clauses. It is reported that some investigative agencies believe the bill could limit the powers needed to combat “bad actors” within the digital asset ecosystem.

Lummis: “Not a major obstacle”… emphasizing a compromise between developer protection and investigative authority

Senator Cynthia Lummis(Cynthia Lummis)quickly responded after the controversy spread, saying this “is not a significant new obstacle.” He stated that efforts are underway to protect non-money transmitting developers(non-money transmitting developers)while ensuring law enforcement agencies are not hamstrung and can hold “bad actors” accountable.

This statement indicates that the “regulatory clarity” and “innovation protection” the “Clear Act” aims to achieve may conflict with law enforcement and investigative capabilities during actual legislative processes. Industry stakeholders have long worried that broad regulation including developers could suppress innovation within the U.S.; law enforcement, meanwhile, remains cautious that effective tools to prevent crime might be weakened.

Coinbase legal chief: “Weakening enforcement is a misunderstanding”… proposing to strengthen the Bank Secrecy Act and confiscation powers

Coinbase’s Chief Legal Officer(CLO)Paul Grewal(countered before the debate settled, stating, “Claims that the ‘Clear Act’ will weaken enforcement are completely wrong.” He listed specific clauses, arguing that the bill actually enhances enforcement in areas such as anti-money laundering)AML(, sanctions compliance, and seizure and forfeiture.

Grewal’s key points include: △Expanding the scope of the Bank Secrecy Act)BSA( to include digital asset brokers and exchanges to strengthen AML and sanctions compliance; △Adding specific seizure and forfeiture powers for digital assets; △Establishing designated law enforcement contact points for nationwide crypto self-service terminals; △Creating new channels for information sharing between the Department of Justice)DOJ(, the Treasury Department, and the private sector; △Introducing measures to “bring” crypto activities into U.S. jurisdiction to reduce regulatory blind spots. He emphasized: “An alternative is that the crypto industry moves overseas, and then law enforcement tools available will be far fewer than now.”

Scenario of bill blockage… stablecoin and exchange rewards remain unchanged, Trump family business also stays “as is”

Legal analyst MetaLawMan publicly mentioned the “disturbing scenario” if the ‘Clear Act’ fails. According to his summary, even if the bill falls through, regulation of stablecoins is likely to continue under the existing)GENIUS Act(framework, and the practice of exchanges holding stablecoins for payments may persist.

On the other hand, in the legislative vacuum, whether the “bank run” warned by Jamie Dimon)Jamie Dimon(will materialize can only be decided by the market, as there are no new solutions to regulate it. He also stated that the crypto business of the Trump family will continue without new restrictions. When asked about the likelihood of the bill passing, MetaLawMan directly criticized: “My guess is ‘no,’ it won’t pass. It should have. The dysfunction of our government is shameful.” He also pointed out that even Kazakhstan has passed a legal framework for cryptocurrencies. With the USD/KRW exchange rate at around 1 USD = 1476.60 KRW, some worry that if U.S. regulatory uncertainty persists long-term, the reverse capital flow of digital assets outside the U.S. could intensify.

Summary by TokenPost.ai

🔎 Market interpretation - The “Clear Act”)Clarity Act( faced sudden uncertainty due to debates over “security vacuum (weakened enforcement)” just before the May committee review, becoming a short-term variable - The core conflict revolves around “developer (innovation) protection” versus “investigation/enforcement authority (security),” with market expectations potentially shaken by wording/range adjustments - If the bill is delayed or fails, U.S. domestic regulatory uncertainty will be prolonged, increasing incentives for capital and business to flow overseas, possibly leading to a paradox of weakened supervision and enforcement effectiveness 💡 Strategic points - Key focus: Whether the wording of “protection for non-money transmitting developers” will be revised before and after the May committee review (the extent of revision will influence industry and investigation responses) - Beneficial/risk landscape: If regulatory clarity remains, it favors U.S.-friendly infrastructure (exchanges, brokers, compliance); but if the “weakened enforcement” framework expands, political backlash could increase delay risks - Important clauses (based on Coinbase’s stance): △Expansion of the scope of the Bank Secrecy Act)BSA( △Additional seizure/forfeiture powers for digital assets △Designated contact points for crypto self-service terminals)ATM( △Information sharing channels between government and private sector △Activities “brought into U.S. jurisdiction” - Preparing for the scenario of bill failure: Stablecoins are likely to “maintain status quo” under the )GENIUS Act( framework, and exchange rewards for stablecoins may also continue, possibly resulting in a “state of uncertainty only” pattern 📘 Terminology clarification - Clarity Act)Clarity Act(: A legislative attempt to clarify U.S. domestic digital asset regulation jurisdiction and standards (aimed at resolving regulatory uncertainty) - Committee markup)Markup(: The process where standing committees amend, review, and submit bills for voting - BSA)BSA(: The U.S. legal framework for countering financial crimes such as AML)AML( and suspicious activity reports - AML/Sanctions compliance: Regulations to prevent money laundering and block transactions involving sanctioned entities from North Korea/Russia, etc. - Forfeiture): The legal process to freeze and recover criminal proceeds or related assets - Non-money transmitting developers(non-money transmitting developers): Software developers, etc., who are not directly “transferring/holding” customer funds (regulatory scope is a point of controversy) - Crypto self-service terminals: Offline terminals offering cash and crypto exchange functions (discussions focus on mechanisms to prevent abuse by criminals)

💡 FAQs(

Q. Why did the “Clear Act” suddenly spark controversy? Because on the eve of the May committee review, some law enforcement groups expressed concerns that “certain clauses might restrict the powers needed to combat digital asset crimes,” leading to an expansion of the “weakening enforcement (security vacuum)” framework. In other words, the balance between regulatory clarity (innovation) and investigative effectiveness (security) has surfaced. Q. Why does Coinbase claim it will “actually strengthen enforcement”? Coinbase’s logic is that the bill expands the scope of the BSA)BSA( to include digital asset brokers and exchanges, strengthening AML and sanctions compliance; it also adds seizure and forfeiture powers for digital assets; establishes contact points for self-service terminals and channels for information sharing between government and private sector, thereby increasing “investigation and enforcement tools.” Additionally, they emphasize that if the industry moves overseas, enforcement within U.S. jurisdiction will be fewer. Q. What changes if the bill fails? According to legal analysts, regulation of stablecoins is likely to continue under the )GENIUS Act( framework, maintaining the status quo. Exchange practices of rewarding stablecoins may also persist, but the core issue of “regulatory uncertainty” remains unresolved, increasing the incentives for capital and business to flow abroad, potentially prolonging concerns over weakened domestic supervision and enforcement.

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