Industry rivals — founders, CEOs, and investors who compete daily for talent and capital — have signed a joint letter urging Senate leaders to preserve the Blockchain Regulatory Certainty Act (BRCA) inside the Clarity Act. Their unified message: strip the developer protections and the U.S. forfeits its lead in the next era of finance.
Why it matters
The BRCA draws a precise legal boundary: if you write open-source software, run a node, or help validate transactions without ever taking custody of funds, you are not a money transmitter under federal law. That distinction already exists in Treasury's 2019 FinCEN guidance, but it has never been codified in statute. Without it, the ambiguity is prosecutorial territory. The conviction of Tornado Cash developer Roman Storm — for writing and releasing software he never used to hold customer assets — is the clearest illustration of the risk. The U.S. share of the world's open-source crypto developers has already fallen from 38% in 2015 to roughly 19% today, and cases like Storm's are accelerating the exodus toward Singapore and Abu Dhabi.
Market impact
The Clarity Act cleared the Senate Banking Committee with bipartisan support and is headed for a full Senate floor vote. The BRCA survived a committee-stage amendment that would have gutted it, but the final vote is the real test. The bill is backed across party lines by Sens. Lummis (R-WY) and Wyden (D-OR) in the Senate, and by Majority Whip Emmer (R-MN) and Rep. Torres (D-NY) in the House. Solana contributors, DeFi protocol designers, and the broader builder ecosystem are watching the floor vote closely — the outcome will determine whether the U.S. remains a viable jurisdiction for open-source crypto development or cedes that ground permanently.
Frequently asked questions
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What does the BRCA actually protect crypto developers from?
The Blockchain Regulatory Certainty Act establishes that writing open-source software, running a node, or validating transactions — without ever taking custody of customer funds — does not make someone a money transmitter under federal law, shielding developers from criminal prosecution under that standard.
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Why has the U.S. share of open-source crypto developers declined so sharply?
The U.S. share fell from 38% in 2015 to roughly 19% today, driven in part by legal ambiguity that has led to prosecutions like that of Tornado Cash developer Roman Storm, pushing builders to jurisdictions with clearer rules such as Singapore and Abu Dhabi.
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Does protecting developers under the BRCA weaken anti-money-laundering enforcement?
No. The BRCA does not alter AML obligations for anyone who actually holds customer funds; those entities remain fully subject to existing rules. The provision only clarifies that software authors who never touch customer assets are not money transmitters.
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