The CLARITY Act has sparked a lot of debate, including concerns that it could shield bad actors, strip the SEC of authority, or pressure banks into adopting blockchain–based technologies. But a closer look tells a different story: the bill is focused on defining regulatory jurisdiction, extending Bank Secrecy Act oversight to digital assets, strengthening consumer protections, and more. We broke down 10 of the biggest myths to help separate facts from fiction.
Myth #1: The bill undermines law enforcement by inadequately addressing illicit finance and national security risks.
Fact: In modern finance, the Bank Secrecy Act (BSA) misses the mark to regulate digital assets. The CLARITY Act is needed to fill those gaps. The bill:
- directly regulates digital asset intermediaries, issuers, service providers, and other key actors, defining who regulates what at the federal level
- establishes clear liability based on activity
- empowers federal agencies to create and enforce new digital assets rules and explicitly ties OFAC’s sanction authority to digital assets.
- establishes a public–private partnership to monitor and combat illicit finance and leverage private-sector blockchain data and analytics to help law enforcement.
Myth #2: The CLARITY Act gives software developers immunity from civil or criminal liability.
Fact: The Blockchain Regulatory Certainty Act clearly notes that if you do not transmit funds, you are not a money transmitter — combining BSA’s money transmitter provisions for financial intermediaries and protecting lawful software development and innovation. Entities that control or custody of customer assets remain fully subject to existing financial laws and the additional requirements established under the CLARITY Act.
This does not modify anti–money laundering laws or limit prosecutions for fraud or sanctions evasion. It aligns with longstanding FinCEN guidance and the White House’s position that non-controlling; noncustodial developers are not money transmitters.
Myth #3: The CLARITY Act would complicate law enforcement investigation and prosecution efforts.
Fact: Civil and criminal regulations already apply to digital asset usage, and CLARITY specifically addresses how existing laws apply, enhancing law enforcement’s ability to police digital assets by:
- Offering real-time access to transparent and immutable transaction data on blockchains
- Creating efficiency for law enforcement to track, trace, and prosecute digital asset crime and follow illicit fund movements to catch bad actors.
- Increasing funding and tools needed by law enforcement to combat illicit finance in digital assets through
- new FinCEN appropriations (total proposed increase: $150 billion over 5 years):
- Funds would target digital assets kiosks to offer clear disclosure requirements and waiting periods for withdrawals
- The bill empowers the Treasury Department to make rules to crack down on suspected illicit activity between US and foreign financial institutions.
Myth #5: The bill forces banks to adopt blockchain–based technologies and weakens the soundness of our financial system.
Fact: The CLARITY Act includes a dedicated title to set permissible activities and broadly allows banks to use distributed ledgers to perform, provide, or deliver anything they are already authorized to do and subject those activities to the same requirements as existing activities.
- This gives banks, credit unions, and financial holding companies the freedom to innovate without mandating the adoption of blockchain–based technologies.
- This gives consumers the ability to use banks they know and trust to custody their digital assets.
Myth #6: The CLARITY Act gives decentralized finance (DeFi) a pass from meaningful accountability and oversight.
Fact: The CLARITY Act applies oversight based on custody, control, and function, ensuring regulated obligations apply to entities that make sense. It directs regulators like FinCEN to clarify AML/CFT rules, preventing misuse of “decentralization” claims to avoid compliance.
Myth #7: Market structure is only about financial markets.
Fact: Market structure also has real implications for energy markets. By clarifying Bitcoin and other digital assets’ status as a digital commodity, the CLARITY Act could help attract domestic Bitcoin mining operations and support grid flexibility.
Myth #8: The CLARITY Act creates a weaker regulatory regime for crypto firms compared to traditional financial institutions because it strips the SEC of critical authority over digital asset markets and investor protections.
Fact: The CLARITY Act defines where digital asset intermediaries fit into regulatory frameworks comparable to traditional finance while clarifying and preserving the SEC’s jurisdiction on customer asset segregation, disclosure requirements, and market integrity rules. Additionally:
- Brokers, dealers, exchanges, and custodians are required to register and comply with oversight regimes administered by both the SEC and CFTC.
- The SEC’s full authority over securities-related activity is codified and preserved, while the bill establishes clear jurisdictional boundaries between the SEC and CFTC for non-security digital assets.
- The bill specifically extends AML and risk controls under the BSA, including transaction monitoring authorities, temporary transaction holds, and formal risk management standards (Section 308).
Myth #9: The CLARITY Act would leave consumers with fewer protections in digital asset markets.
Fact: CLARITY strengthens consumer protections by requiring digital asset platforms to meet core safeguards common in traditional finance, including clear disclosures, fair dealing, and protection of customer funds.
The bill requires customer asset segregation and enforceable operating standards, directly addressing risks like commingling and platform failures. The bill adds fraud detection and intervention tools to the BSA, such as transaction monitoring and temporary holds.
Myth #10: The CLARITY Act is unnecessary. Existing securities and commodities laws provide sufficient authority.
Fact: Existing securities and commodities laws are muddy and antiquated.
- The CLARITY Act creates certainty for firms, regulators, and consumers, filling in gaps by defining when a digital asset falls under SEC or CFTC jurisdiction.
- The bill creates tailored, enforceable requirements for digital asset intermediaries while extending BSA anti-money laundering and risk controls.
If you have any questions, please reach out to press@digitalchamber.org.
