
Five police and prosecutor associations told the DOJ the CLARITY Act's developer safe harbor could hamper crypto crime probes. Senator Lummis defends the bill.
Five law enforcement associations have sent a letter to the Acting Attorney General warning that the CLARITY Act's safe harbor for software developers could hamper investigations into crypto-related crime.
The letter was signed by the National District Attorneys Association, the National Association of Assistant United States Attorneys, the International Association of Chiefs of Police, and the National Sheriffs' Association. It targets Section 604 of the bill.
Section 604 would exempt developers and open-source projects from liability for how users deploy their code. The associations argue this shield could let DeFi platforms and other crypto services avoid oversight, even when they help move or conceal illicit funds.
"Our concern is with broad exemptions that may shield individuals or entities whose activities facilitate the movement of digital assets, create obstacles to legitimate oversight, or weaken longstanding investigative and enforcement authorities relied upon by law enforcement," the letter states. "Regulatory certainty should not come at the expense of accountability, transparency, victim protection, or public safety."
The letter faults language that could exempt "some decentralized finance businesses" from regulatory obligations despite the role such services can play in facilitating the movement or concealment of illicit funds. The associations say the CLARITY Act should balance innovation and accountability.
Senator Cynthia Lummis, a lead sponsor of the bill, defended the safe harbor. "Writing code is not money transmission," she posted on X. "That distinction will matter for a generation of builders." Lummis earlier reposted a statement from Public Policy Solutions that called the bill "an economic boon" that would also fortify national security by arming the Treasury Department with tools to combat hostile foreign actors.
The bill does allow prosecution of anyone who knowingly breaks the law using crypto. The law enforcement groups argue the safe harbor shifts the burden of proof in ways that make investigations harder. The letter asks the Justice Department to seek amendments that preserve existing investigative authorities.
The CLARITY Act continues to move through Congress. No date has been set for a floor vote.
Prepared with AlphaScala editorial tooling from the source reporting linked above. Indexable analysis may include a cited Alpha Score value. Publishing checks screen each story before release. Educational coverage, not personalized advice.