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Bernstein analysts project aggressive, immediate rulemaking from the SEC and CFTC to compensate for the failed Clarity Act. Because these agency rules lack the permanence of legislation, David Bennett notes they remain vulnerable to being overturned by future administrations.
The revised US market structure bill removes criminal safe harbor protections for noncustodial software developers, leaving them vulnerable to money transmission charges. DeFi protocols deemed decentralized in name only must also register with the CFTC.
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