The US Senate approved the CLARITY Act: legalization of staking and immunity for DeFi developers

The US Senate, by a vote of 68 in favor and 32 against, officially approved the comprehensive CLARITY Act (Digital Asset Market Structure & Clarity Act), ending two years of bitter debate over the regulation of digital assets. The document is sent to the White House for signature and comes into force in 90 days. The passage of the law was the largest legal triumph for the US cryptocurrency industry in its entire history, putting an end to the aggressive practice of “regulation through forced actions” by the SEC.

What fundamental rights and guarantees do stakers and validators receive?

The CLARITY Act legislated that transaction validation, delegated and liquid staking on Proof-of-Stake blockchains are not investment contracts and are not subject to the Securities Act of 1933. Profit from staking is officially classified as compensation for providing network security, and not the payment of dividends. This decision will immediately unlock the launch of spot Ethereum and Solana ETFs with built-in staking for institutional giants like Fidelity and BlackRock.

What protection does the law provide to developers of smart contracts and wallets?

One of the most resonant victories of the crypto community was the consolidation of the “protected code status” (Safe Harbor for Developers). Open source software creators, non-custodial wallet developers, and node operators are recognized as technical infrastructure rather than financial brokers. They are completely relieved of the obligation to register as custodians or collect user personal data (KYC). Such immunity prevents the repetition of prosecutions that the authors of privacy protocols previously faced.

How did the law divide jurisdiction between the SEC and CFTC in the crypto-market?

The document established a clear division of powers between financial regulators. The Commodity Futures Trading Commission (CFTC) becomes the primary regulator for all digital assets deemed to be decentralized (including Bitcoin, Ethereum, Solana and most top 50 altcoins), as well as spot trading platforms. The SEC retains oversight exclusively of initial capital raisings (ICO/TGE) and centralized projects with insider ownership above 20%. The market greeted the historic vote with a sharp surge in positivity, and Bitcoin was targeting a breakout of the $82,000 resistance.