a16z Crypto: A Guide to the CLARITY Act for Crypto Entrepreneurs

marsbitPublished on 2026-05-16Last updated on 2026-05-16

Abstract

The CLARITY Act, a landmark bipartisan crypto market structure legislation, has advanced through the Senate Banking Committee, bringing unprecedented regulatory clarity for blockchain networks and digital assets closer to law. For over a decade, the lack of clear U.S. rules has stifled innovation, pushed development overseas, and exposed consumers to risk. The CLARITY Act aims to end this by establishing a tailored framework that distinguishes decentralized networks from traditional corporate structures. It provides a path for launching networks safely, clarifies jurisdictional roles between the SEC and CFTC, and enhances consumer protections. This legislative progress builds upon earlier bills like FIT21 and the House's CLARITY Act, which gained strong bipartisan support. The author argues that existing corporate law is ill-suited for decentralized networks, which operate on shared rules rather than centralized control. By aligning U.S. law with the nature of blockchain technology, CLARITY would enable builders to innovate transparently within the U.S., similar to the wave of innovation unleashed by the stablecoin-focused GENIUS Act. The next steps involve merging committee drafts for a full Senate vote, followed by House approval and a presidential signature.

Author: @milesjennings

Compiled by: Jiahuan, ChainCatcher

The Senate Banking Committee just voted in a bipartisan manner to advance crypto "market structure" legislation, marking a historic moment for the industry.

Why? Because the Clarity in the Digital Asset Market Act (CLARITY) will finally provide clear rules for blockchain networks and digital assets.

For the past decade, a lack of clear regulation in the U.S. has distorted markets, stifled innovation, and exposed consumers to significant risk. CLARITY will end that.

The 1933 Securities Act established investor protections that supported a century of capital formation and innovation in America. CLARITY is similar in significance—a once-in-a-generation shift in the U.S. financial regulatory landscape that will unlock massive opportunities.

With today's passage by the Senate committee, this foundational legislation is closer than ever to becoming law, which is critical for the entire crypto industry.

Startup founders, consumers, and large traditional financial institutions and investors moving on-chain will all benefit.

Next, bills from the two congressional committees will be merged into a single comprehensive bill for a full Senate vote. If passed, it goes to the House for approval, and then, if successful, to the White House for the President's signature.

Why the U.S. Needs CLARITY Now

Over the past decade, the crypto industry has expanded, but the U.S. has lacked a comprehensive regulatory framework. Regulators have attempted to manage the industry by piecemealing existing rules, an approach that has been a complete failure.

It has caused legal confusion, arbitrary interpretation, and serious government overreach and abuse of authority.

This regulatory uncertainty has not only hindered innovation but also created fertile ground for bad actors. In the highly publicized negative incidents of the past decade, malicious actors could easily launch products exploiting regulatory loopholes to prey on consumers.

Meanwhile, responsible builders face questionable "regulation by enforcement."

This uncertainty has driven crypto development overseas. When the U.S. fails to provide space for innovation, entrepreneurs seek other jurisdictions, including those that have already implemented more nuanced regulatory regimes.

The EU's Markets in Crypto-Assets (MiCA) regulation and the UK's crypto regulations are two examples of the U.S. falling behind.

Fortunately for U.S. innovation, no other jurisdiction has yet gotten the regulatory approach right. But tailored regulatory regimes will ultimately attract and concentrate entrepreneurial activity—along with the economic value and jobs they create—in those regions.

Imagine what the U.S. economy would look like if Amazon, Apple, Facebook, Google, Microsoft, Netflix, NVIDIA, and Salesforce had all been founded outside the United States.

Therefore, if the U.S. can provide regulatory clarity to builders, domestic innovation will greatly benefit. The GENIUS Act passed in July 2025 is a prime example.

GENIUS established a regulatory framework for stablecoins, catalyzing a new paradigm: open monetary infrastructure.

Following its passage, it unleashed unprecedented growth and adoption, benefiting the U.S. economy and the long-term dominance of the dollar.

When a legal framework is designed to promote innovation and protect consumers, the U.S. can lead, and the world benefits.

Entrepreneurs and early believers in crypto's promise deserve a clear regulatory framework to realize their vision, regardless of external perceptions.

They also need a framework that recognizes the potential of blockchain networks to drive a major new technology platform shift. This shift should move beyond speculative applications fueled by poor policy, enabling building beyond the initial financial use cases already covered by existing U.S. law.

CLARITY is tailored to establish precisely that clarity.

How We Got Here

Not all content in the CLARITY Act is new. Many concepts and principles stem from existing commodity and securities laws. The bill also evolved from previous legislative iterations, including two "market structure" bills originating in the House:

The 2024 Financial Innovation and Technology for the 21st Century Act ("FIT21," HR 4763); and the 2025 Clarity in the Digital Asset Market Act (HR 3633).

Similar to the current Senate bill, FIT21 and the House CLARITY bill sought to provide a path for blockchain networks to:

  • Safely and effectively launch blockchain networks and digital assets in the U.S.;
  • Clarify the regulatory roles of the SEC and CFTC in crypto, defining whether a digital asset is a security or a commodity;
  • Ensure oversight of crypto exchanges;
  • Further protect American consumers through rules governing crypto transactions.

Two years ago, FIT21 passed with overwhelming bipartisan support (279 votes for, 136 against, with 71 Democrats in favor).

The House CLARITY bill passed in July 2025 with even higher bipartisan support (294 votes for, 134 against, with 78 Democrats in favor).

Together, these bills sent a strong signal to the Senate: move faster on crypto market structure legislation.

The Senate CLARITY bill builds on this bipartisan momentum from the House and improves upon previous bills in several key areas (detailed below). This bill has been progressing in the Senate for several years, with the past year being the most intense phase:

  • June 2022: Senators Lummis and Gillibrand first introduced the Lummis-Gillibrand Responsible Financial Innovation Act, the first bipartisan legislative proposal aimed at establishing a comprehensive regulatory framework for the crypto industry.
  • July 2025: The Senate Banking Committee (the committee overseeing the SEC) released a discussion draft of the bill under its jurisdiction, merging and unifying approaches from the Lummis-Gillibrand bill and the House CLARITY bill.
  • It requested information and feedback to gather legislative solutions, aiming to balance innovation with financial stability and consumer protection.
  • September 2025: Based on feedback received, the Senate Banking Committee released a second discussion draft.
  • January 2026: The Senate Banking Committee released another iteration reflecting months of bipartisan negotiations.
  • Also January 2026: The Senate Agriculture Committee released and advanced a draft of its market structure legislation.
  • Today (May 14, 2026): The Senate Banking Committee just advanced its portion of the CLARITY Act in a "markup" session.

Why CLARITY Matters: Networks Are Not Companies

For over a century, forming companies has been the primary engine of American innovation. This path is well-worn: entrepreneurs raise capital to build, succeed, and generate profits for shareholders.

U.S. law has been finely tuned for this model, prescribing duties, emphasizing transparency, aligning incentives, and managing trust in founders and operators.

This framework is designed for building companies. It is not designed for building networks.

The existing legal framework assumes the presence of a controlling manager and requires that control to persist. Networks have no controller. They rely on shared rules to coordinate people, capital, and resources, not centralized ownership.

Forcing a framework built for companies onto networks distorts them into company-like forms. Control re-centralizes, intermediaries reappear, and those dependent on the system are exploited for value.

Across the digital economy, this dynamic has spawned corporate networks with immense concentrated power—payment systems, e-commerce marketplaces, social platforms, app stores—which capture a disproportionate share of the value created by participants.

A rideshare user pays $100 for a ride; the driver receives only a fraction. A musician creates a song heard by millions; they get pennies on every dollar of revenue.

Where corporate networks dominate, most value flows to the intermediaries. Traditional corporate law protects these intermediaries and their investors, but not the users, creators, and workers.

For most of the internet era, this trade-off was unavoidable. Open protocols lacked sustainable economic models to compete with the capital and coordination power behind corporate networks.

Blockchain changes that.

Blockchain and the software protocols deployed on it have enabled a new kind of system: the blockchain network. These networks are designed from the ground up to be decentralized in control, governed by transparent rules, and exist as shared infrastructure owned and operated by their users.

The value of a blockchain network increases with public use and can be distributed to participants—including those at the network's edges—rather than being siphoned off by central nodes.

Blockchain makes it possible to build networks that truly function like networks, not companies.

Blockchain technology is at an inflection point. Previous platform shifts—personal computers, mobile phones, the internet—have been among the most significant technological innovations in human history. The rise of AI is rapidly becoming another.

But all these platform shifts ultimately led to high concentrations of power and control, with a few individuals determining the fate of countless consumers, creators, and developers reliant on those technologies and services.

As more economic activity becomes digital and is shaped by AI, the question of "who controls the digital systems we depend on" has never been more critical.

If this control remains concentrated, so too does the power to shape outcomes, limit access, and extract value: companies will dictate how networks operate and who benefits.

Decentralized blockchain networks offer a different path: infrastructure that cannot be easily rewritten, censored, or redirected by any single participant.

In other words, these networks can help decentralize existing platforms, replacing them with networks possessing digital public goods attributes—reducing lock-in, dispersing control, embedding neutrality, mitigating single points of failure, and returning ownership to users.

The CLARITY Act is designed to make this path viable.

We will share more about what CLARITY specifically means for crypto builders as it proceeds to a full Senate vote and is updated.

But if CLARITY passes the final steps of the legislative process, the U.S. legal architecture will finally align with the nature of blockchain networks. Builders will be able to operate transparently, raise capital domestically, and build for the long term without being forced into structural compromises due to regulatory ambiguity.

And as more projects operate within, rather than outside, U.S. regulatory reach, regulators and law enforcement will have better tools to combat the fraud and abuse that has long plagued the industry.

We have already seen what happens when crypto gets workable regulation: the GENIUS Act unleashed a wave of innovation overnight. Today, we see crypto in several mainstream applications, from stablecoins to AI agents—and there is much more to come.

Related Questions

QWhat is the CLARITY Act and why is its advancement in the Senate Banking Committee significant?

AThe CLARITY Act is a bipartisan US legislative bill aimed at establishing a clear regulatory framework for blockchain networks and digital assets. Its advancement out of the Senate Banking Committee is a historic moment because it represents the closest this foundational crypto 'market structure' legislation has come to becoming law. It seeks to end a decade of regulatory uncertainty that has stifled innovation and exposed consumers to risk in the US crypto industry.

QAccording to the article, what problems did the previous lack of a clear regulatory framework in the US cause for the crypto industry?

AThe previous lack of a clear regulatory framework in the US caused several problems: confusion and inconsistency in legal interpretations, regulatory overreach, the stifling of innovation, and the creation of fertile ground for bad actors to exploit consumers. It also pushed crypto development overseas to jurisdictions with clearer rules, potentially causing the US to lose economic value and jobs.

QHow does the article differentiate between a 'company' and a 'network', and why is this distinction important for blockchain regulation?

AThe article states that a company is a centralized entity controlled by managers and governed by laws designed for ownership and profit distribution. A network, especially a blockchain network, is decentralized, coordinated by shared rules without a single controlling party. Applying corporate law frameworks to networks forces them to centralize like companies, which contradicts their core decentralized nature. The CLARITY Act is designed to create a regulatory path specifically for decentralized networks, not centralized companies.

QWhat precedent does the article cite to show the positive impact of clear crypto regulation in the US?

AThe article cites the GENIUS Act (The Guided and Established National Innovation for U.S. Stablecoins Act), passed in July 2025, as a precedent. This act created a regulatory framework for stablecoins and unleashed a wave of innovation, leading to 'unprecedented growth and adoption' of an open monetary infrastructure, benefiting the US economy and the dollar's dominance.

QWhat are the next legislative steps for the CLARITY Act after the Senate Banking Committee vote?

AAfter the Senate Banking Committee vote, the next steps are: 1) Merging the bills from the Senate Banking and Agriculture Committees into a single comprehensive bill. 2) A vote by the full Senate. 3) If passed by the Senate, the bill moves to the House of Representatives for approval. 4) If approved by the House, it goes to the White House for the President's signature to become law.

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