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š§āāļø Bipartisan Senators Raise Enforcement Alarm
Senate Judiciary Committee leaders ā Republican Chuck Grassley and Democrat Dick Durbin ā have publicly warned that a key provision in the current Senate crypto marketāstructure bill could hinder moneyālaundering enforcement. They argue the billās developer exemption language would create a gap in federal criminal law, making it harder for prosecutors to hold developers and operators accountable for illicit finance ā particularly in cases similar to Tornado Cash, a sanctioned crypto āmixerā used for laundering criminal proceeds.
The contested language comes from a provision drawn from the Blockchain Regulatory Certainty Act (BRCA), included in the broader marketāstructure bill. It seeks to clarify that software developers and other infrastructure providers that do not control user funds arenāt subject to moneyātransmitter requirements. Supporters say this spurs innovation; critics say it weakens antiāmoneyālaundering (AML) laws.
Grassley and Durbin say they werenāt consulted on these changes and warn they would undermine enforcement of federal criminal codes and could āweakenā prosecution of unlicensed money transmission.
š Wider Legislative Context
The Senate is working on a longāanticipated crypto market structure bill that aims to clarify U.S. regulation ā including how digital assets are defined and which agencies regulate them. But itās not moving smoothly.
Coinbase and other industry groups have pulled support from the broader crypto reform bill, delaying key committee action and highlighting industry pushback.
Some senators are concerned the bill could expand surveillance powers or risk destabilizing aspects of the crypto market.
āļø Innovation vs. Enforcement Tension
This debate reflects a deeper policy tension:
Proponents of developer exemptions (including some lawmakers like Senators Lummis and Wyden) argue that openāsource developers shouldnāt face licensing or prosecution simply for writing code, especiall#MarketRebound


