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CFTC Crackdown or Crypto Compromise? Senate Revamps CLARITY Act Ahead of Crucial Vote

Senate Republicans have unveiled a revised draft of the CLARITY Act just days before a pivotal September 15 cloture vote, introducing targeted oversight for non-decentralized DeFi trading protocols. Under the updated framework, any platform where an individual or coordinated group retains the ability to materially alter system operations, block user access, or override automated code will be classified as "non-decentralized." Protocols meeting any of these criteria will be required to register with the Commodity Futures Trading Commission (CFTC) and maintain strict Anti-Money Laundering (AML) and record-keeping compliance.

To balance regulatory enforcement with genuine Web3 innovation, the bill narrows these new requirements specifically to spot and cash transactions involving digital commodities, excluding derivatives and prediction markets. Furthermore, the legislation instructs the CFTC and the U.S. Treasury to collaborate on precise rule-making while establishing a clear legal safeguard: simply holding tokens or participating in decentralized governance will not, on its own, constitute operational control over a protocol.

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