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The recent progress of a U.S. congressional crypto bill has hit a pretty interesting snag worth watching.
The bill led by Tim Scott, Chairman of the Senate Banking Committee, centers on a specific provision: protection for DeFi developers. Simply put, it aims to exempt non-custodial software developers who don’t directly control users’ funds, so they won’t have to register as money transmitters and also won’t have to comply with anti-money laundering requirements.
It sounds reasonable, right? But law enforcement is up in arms. Organizations like the National Sheriffs' Association and the National District Attorneys Association have come out saying this would seriously undermine their ability to combat financial crime. Even Chuck Grassley, Chairman of the Senate Judiciary Committee, has raised similar concerns.
What’s interesting is that the crypto industry treats this DeFi provision as the lifeline of the entire bill. Amanda Tuminelli, Executive Director of the DeFi Education Fund, has said outright that this provision cannot be changed, and any modifications won’t be accepted. But on the Democratic side, Catherine Cortez Masto and Mark Warner are pushing to amend this clause.
Right now, that’s where it’s stuck—both parties are struggling to reach consensus. If the Democrats don’t agree, the bill could move forward without bipartisan support, which would make it very difficult to secure enough votes during the full Senate vote for passage. How this back-and-forth between regulation and innovation ultimately plays out is really hard to say.