US Senate Judiciary leaders are pushing to remove developer safeguards from the Senates crypto market structure legislation, citing concerns that the provisions could weaken enforcement of unlicensed money transmission laws. Committee chair Charles Grassley and top Democrat Richard Durbin argued that the bill, as drafted, would create enforcement gaps for decentralized platforms, potentially attracting illicit actors such as cartels and organized criminal groups.
The legislation, which incorporates elements of the Blockchain Regulatory Certainty Act (BRCA)aims to clarify that creating crypto software or maintaining networks should be exempt from federal or state money transmitter rules. However, the Judiciary Committee claims it was not consulted during the drafting process, limiting its ability to review the proposed changes impacting criminal law enforcement.
Grassley and Durbin have requested that the Senate Banking Committee reject any language that could hinder accountability, emphasizing that criminals already exploit decentralized networks to obscure unlawful transactions.
The bill faces additional hurdles, including delays in committee markups and potential bipartisan challenges, as it would require 60 votes to pass on the Senate floor. Major crypto lobbyists, including Coinbase, have withdrawn support over contentious provisions, though discussions with lawmakers continue.
If the proposed developer exemptions are removed, the legislation could strengthen oversight of digital asset platforms while balancing innovation with enforcement priorities.
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