a16z: How Should Crypto Entrepreneurs Understand the CLARITY Act?

marsbitPublished on 2026-05-18Last updated on 2026-05-18

Abstract

a16z: How Crypto Entrepreneurs Should Understand the CLARITY Act? The U.S. Senate Banking Committee's bipartisan vote to advance crypto market structure legislation, specifically the Digital Asset Market CLARITY Act, marks a historic moment for the industry. For a decade, a lack of clear U.S. regulation has stifled innovation, created consumer risks, and pushed development overseas. CLARITY aims to end this by establishing clear rules for blockchain networks and digital assets, similar to how the 1933 Securities Act shaped capital formation. The current regulatory patchwork has failed, causing legal confusion and enabling bad actors while hindering responsible builders. CLARITY provides a path forward by clarifying the regulatory roles of the SEC and CFTC, defining whether digital assets are securities or commodities, and establishing oversight for crypto exchanges and consumer protections. Crucially, CLARITY recognizes that blockchain networks are fundamentally different from traditional companies. Networks operate through shared rules and decentralized coordination, not centralized control. Applying corporate frameworks distorts them, leading to value extraction by intermediaries. Blockchain enables truly decentralized networks where value can be distributed to participants. CLARITY is designed to make this viable under U.S. law, allowing builders to operate transparently, raise capital domestically, and focus on long-term innovation without structural compromises due to...

Author:milesjennings

Compiled by:Jiahuan, ChainCatcher

The Senate Banking Committee just voted in a bipartisan manner to advance crypto "market structure" legislation (i.e., legislation concerning market division, regulatory responsibilities, and trading rules), marking a historic moment for the crypto industry.

Why? Because the "Digital Asset Market CLARITY Act" will finally establish clear rules for blockchain networks and digital assets.

Over the past decade, the lack of clear regulation in the U.S. has distorted the market, stifled innovation, and exposed consumers to significant risks. CLARITY will put an end to this.

The Securities Act of 1933 established investor protection mechanisms, underpinning a century of capital formation and innovation in the U.S. The significance of CLARITY is similar—it represents a once-in-a-generation shift in the U.S. financial regulatory landscape, bringing enormous opportunities.

Having just passed Senate consideration today, this foundational legislation, crucial for the entire crypto industry, is closer than ever to becoming law.

Whether you are a startup founder, a consumer, or a large traditional financial institution and investor migrating on-chain, you will benefit from it.

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

Why the U.S. Needs CLARITY Now

Over the past decade, the crypto industry has continuously expanded, but the U.S. has never had a complete regulatory framework. Regulators have had to cobble together existing regulations to govern the industry, and this approach has been a complete failure.

Not only has it caused confusion in legal interpretation and constant shifts in stance, but it has also led to serious government overreach and abuse of power.

This regulatory uncertainty not only hinders innovation but also provides fertile ground for bad actors. Many of the highly publicized negative incidents in the crypto space over the past decade involved ill-intentioned individuals easily launching products that exploited regulatory loopholes to defraud consumers.

Meanwhile, responsible builders have had to face questionable "regulation by enforcement."

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

The European Union'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. However, tailored regulatory regimes will eventually attract and concentrate entrepreneurial activity in these regions, along with the economic value and jobs they create.

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 U.S.

Therefore, if the U.S. can provide regulatory clarity for builders, domestic innovation will greatly benefit. The GENIUS Act ("Guiding and Establishing National Innovation for U.S. Stablecoins") passed in the U.S. in July 2025 is a prime example.

GENIUS established a regulatory framework for stablecoins (digital assets pegged to fiat currency, typically the U.S. dollar), giving rise to a new model: open monetary infrastructure.

After its passage, this bill led to unprecedented growth and adoption, benefiting the U.S. economy and the long-term dominance of the U.S. dollar.

When legal frameworks are designed to both foster innovation and protect consumers, the U.S. can lead, and the world benefits as a result.

Entrepreneurs and early adopters who believe in the promise of crypto, regardless of external perceptions, deserve a clear regulatory framework to realize their vision.

They also need a framework that recognizes the potential of blockchain networks to drive an important and novel transformation of the technology platform. This transformation must move beyond speculative applications born from poor policy, enabling people to build beyond the initial financial use cases (which are already covered by existing U.S. regulations).

CLARITY is precisely tailored to establish such a clear framework.

How We Got Here

Not all the content of the CLARITY Act is new. Many of its concepts and principles are derived 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 "21st Century Financial Innovation and Technology Act," or "FIT21" (HR 4763); and the 2025 "Digital Asset Market CLARITY Act" (HR 3633).

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

  • Launch blockchain networks and digital assets safely and effectively in the U.S.;
  • Clarify the regulatory division between the SEC and CFTC in the crypto space, determining whether a digital asset is a security or a commodity;
  • Ensure oversight of crypto exchanges;
  • Further protect U.S. consumers through rules governing crypto transactions.

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

The House version of CLARITY passed in July 2025 with even greater bipartisan support (294-134, with 78 Democrats in favor).

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

The Senate version of CLARITY builds on the bipartisan momentum from the House and makes several key improvements over previous bills (detailed below). This bill has been progressing in the Senate for several years, with the past year being the fastest-paced phase:

  • In 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.
  • In July 2025, the Senate Banking Committee (the committee overseeing the SEC) released a discussion draft of the bill within its jurisdiction, merging and unifying the approaches of the "Lummis-Gillibrand Act" and the House version of CLARITY.
  • Released a Request for Information to gather feedback and legislative solutions, aiming to balance innovation with maintaining financial stability and protecting consumers.
  • In September 2025, based on the feedback received, the Senate Banking Committee released a second discussion draft.
  • In January 2026, the Senate Banking Committee released another iteration, reflecting months of bipartisan negotiations.
  • Also in January 2026, the Senate Agriculture Committee released and advanced its market structure legislative draft within its jurisdiction.
  • 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 driver of American innovation. This path is well-established: entrepreneurs raise capital to start a business, and if successful, generate profits to return to shareholders.

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

This framework works for building companies. But it doesn't work for building networks.

Existing legal frameworks presume a central controller and require this control to persist. But networks have no controller. Networks rely on shared rules to coordinate people, capital, and resources, not centralized ownership.

Forcing a framework designed for companies onto networks distorts networks into corporate forms. Control re-centralizes, intermediaries re-emerge, and those dependent on the system have value extracted from them.

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

A rideshare user pays $100 for a trip, and the driver gets only a small fraction. A musician creates a song listened to by millions, and they receive only pennies on every dollar of revenue.

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

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-style networks.

Blockchain changes this.

Blockchains, and the software protocols deployed on them, give rise to a new type of system: the blockchain network. These networks are designed to be decentralized in control, operate by transparent rules, and exist as shared infrastructure owned and operated by users.

The value of a blockchain network increases with public use and can be distributed to participants—including those at the edges—rather than captured by a central node.

Blockchains make it possible to "build networks that truly function as networks, not as companies."

Blockchain technology is at a critical juncture. Previous platform shifts—personal computers, mobile phones, the internet—have been among the most important technological innovations in human history. The emergence of AI is rapidly becoming one as well.

But all these platform shifts ultimately concentrated power and control, with a few deciding the fate of countless consumers, creators, and developers who rely on these technologies and services.

As more economic activity becomes digital and more aspects are shaped by AI, the question of "who controls the digital systems we rely on" becomes more critical than ever.

If this control continues to concentrate, so does the ability to shape outcomes, restrict access, and capture value: companies will dictate how networks operate and who benefits from them.

Decentralized blockchain networks offer an alternative path: infrastructure that no single participant can easily rewrite, censor, or redirect.

In other words, such networks can help decentralize existing platforms, replacing them with networks possessing digital public goods attributes—reducing lock-in, distributing 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 moves to a full Senate vote and receives updates.

But if CLARITY passes the next and 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 have long plagued the industry.

We've already seen what happens when crypto gets workable regulation once: the GENIUS Act unleashed a wave of innovation overnight. Today, we already see crypto appearing in several mainstream applications, from stablecoins to AI agents—and the best is yet to come.

Related Questions

QWhat is the main purpose of the CLARITY Act for Digital Assets Markets, according to the article?

AThe main purpose is to establish clear rules for blockchain networks and digital assets in the U.S., ending a decade of regulatory uncertainty. It aims to provide a clear framework that fosters innovation while protecting consumers, similar in significance to the 1933 Securities Act for traditional capital markets.

QHow does the article describe the current U.S. regulatory approach towards the crypto industry and its consequences?

AIt describes it as a failed approach of 'patching together existing laws,' leading to legal confusion, regulatory overreach, and abuse. This uncertainty has stifled innovation, enabled bad actors, and pushed crypto development and entrepreneurship overseas.

QWhy does the article argue that traditional corporate legal frameworks are unsuitable for blockchain networks?

AIt argues that corporate frameworks are based on a model of centralized control and long-term ownership, which is antithetical to decentralized networks. Networks operate on shared rules coordinating participants, not centralized ownership. Applying corporate law distorts networks into centralized entities, leading to value extraction by intermediaries.

QWhat is presented as a key historical precedent or model for the positive impact CLARITY could have, and what was its outcome?

AThe article points to the GENIUS Act (Guiding and Establishing National Innovation for U.S. Stablecoins) passed in July 2025. It created a regulatory framework for stablecoins, which 'unleashed a wave of innovation overnight' and led to growth in applications like stablecoins and AI agents, benefiting the U.S. economy and the dollar's dominance.

QWhat are the next legislative steps for the CLARITY Act after its advancement by the Senate Banking Committee, as outlined in the text?

AThe bills from the two relevant Senate committees will be merged into a single comprehensive bill. This bill will then go to the full Senate for a vote. If passed, it moves to the House of Representatives for approval, and if successful there, to the White House for the President's signature to become law.

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