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SEC and CFTC Signal Intent to Establish Crypto Rules Independently After CLARITY Act Vote Fails

Following the Senate's failed vote on the CLARITY Act, regulators and industry leaders have outlined competing visions for crypto governance, with the SEC and CFTC pledging to proceed with independent rulemaking.
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SEC and CFTC Signal Intent to Establish Crypto Rules Independently After CLARITY Act Vote Fails

The U.S. Senate's failed vote on the CLARITY Act has prompted the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to signal they will move forward with crypto regulation independently.

SEC Chair Paul Atkins stated that the agency will act decisively within its statutory authority regardless of legislative action. "With or without legislation, we will act decisively within the SEC's statutory authority to deliver certainty for American investors and for the entrepreneurs shaping our technological future," Atkins said. CFTC Chairman Mike Selig echoed this position, saying the agency is "locked in and ready to ship its rules for the new frontier of finance."

Industry Reactions Split on Vote Outcome

Responses to the vote failure varied significantly across the sector. Coinbase CEO Brian Armstrong characterized Tuesday's result as disappointing but argued that the crypto industry cannot wait indefinitely for Congress to act. "While it's possible bi-partisan conversations continue, and it lives to fight another day, we can't wait on Congress anymore," Armstrong wrote.

Critics of the bill celebrated its failure. Democratic Senator Elissa Slotkin voted against the measure, citing concerns about ethics provisions. Eli Nagar, CEO of mining firm Braiins, objected to the bill's restrictions on stablecoins, custody protections, and Treasury powers, concluding the legislation failed to protect basic financial freedoms.

Hopes for Legislative Revival Remain

Some proponents have not abandoned efforts to pass the legislation. Circle CEO Jeremy Allaire pointed to the precedent of the GENIUS Act, which failed a cloture vote before ultimately passing weeks later, suggesting the CLARITY Act could follow a similar trajectory.

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