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Bitwise CIO Says Crypto Better Off After CLARITY Act Fails to Pass US Senate

TheCryptoDesk Editorial · 2m read
Bitwise CIO Says Crypto Better Off After CLARITY Act Fails to Pass US Senate

The failure of the US CLARITY Act to secure the necessary 60 votes in the US Senate has triggered a significant digital asset rally rather than a market downturn. Following the stalled legislation, Bitcoin and Ethereum each gained approximately 11%, while major altcoins experienced even steeper price surges.

Market Rally and Avoided Restrictions

According to Bitwise Chief Investment Officer Matt Hougan, the collapse of the legislative push eliminated restrictive compromises embedded in the bill's final draft. Despite broad industry backing for legal certainty, the proposal contained rules that would have barred platforms from paying interest or rewards on stablecoin balances. This outcome maintains existing stablecoin rules, benefitting companies such as Coinbase that rely on stablecoin rewards to attract users.

Additionally, the legislation would have introduced a national licensing system for spot crypto exchanges and restricted firms from combining brokerage and trading operations. With the bill stalled, established exchanges including Coinbase and Kraken avoid those operational constraints. In the aftermath of the vote, NEAR surged 125%, Uniswap climbed 49%, and Avalanche advanced 44%.

Growth Under Existing Frameworks

Industry progress continues under existing oversight. The SEC recently permitted select tokenized US stocks to trade through blockchain-based systems under temporary rules, offering tokenization platforms a real-world testing environment. Furthermore, guidance clarifies that for functional blockchain networks, announcing token buyback programs using protocol revenue does not inherently render a token a security. Bitwise previously identified key crypto sectors benefiting from operating under current regulatory structures.

Michael Saylor, co-founder and former CEO of Strategy, reinforced this perspective, arguing that the sector is better served by building compliant products alongside the SEC, CFTC, Treasury, and banking agencies under current frameworks rather than accepting restrictive legislative compromises. Although changing administrative leadership at regulatory agencies remains a potential risk, Matt Hougan stated he expects crypto to be "too big to crush."

Key Takeaways

  • The US CLARITY Act stalled after failing to reach the 60 votes required in the US Senate.
  • Bitcoin and Ethereum rose 11%, while NEAR (+125%), Uniswap (+49%), and Avalanche (+44%) posted major gains.
  • Exchanges like Coinbase and Kraken avoided proposed national licensing requirements and restrictions on combined trading and brokerage services.

Why It Matters

The failure of broad congressional legislation pivots the crypto industry back toward agency-level regulation and incremental rule-making. Operating under existing SEC and CFTC frameworks allows platforms to preserve stablecoin reward models and protocol buyback programs that the CLARITY Act would have curtailed. While regulatory enforcement risks remain under changing administrations, established digital asset firms maintain greater operational flexibility in the short term.

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