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How Crypto Stopped Waiting for Congress and Learned to Love the Regulators

How Crypto Stopped Waiting for Congress and Learned to Love the Regulators

In brief

  • The Senate’s failure to advance the Clarity Act shifted crypto rulemaking from Congress to regulators, likely for the foreseeable future.
  • Within 48 hours, the SEC unveiled a tokenized-stock innovation exemption, the CFTC issued no-action relief and sent a rulemaking to the White House, and the Fed proposed stablecoin reserve and capital rules under the GENIUS Act.
  • Industry figures have embraced the regulatory path as “more viable” for now, but agency rules are slower, easier to challenge in court, and easier for a future administration to unwind than a law.

For nearly two years, the crypto industry’s Washington strategy rested on a single word: clarity.

Pass a market-structure law, the thinking went, and the rest would follow….

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