A bipartisan group of lawmakers just introduced legislation to protect blockchain developers. The target: prosecution as unlicensed money transmitters.
The Promoting Innovation in Blockchain Development Act draws a line. Federal law would apply only to those with “custody or control” of digital assets. Not the developers who build the tech.
The bill targets Section 1960 of federal law. That’s the statute governing unlicensed money transmission. The goal: shield programmers from criminal liability for writing blockchain software. Nothing more.
Several crypto developers have been ensnared in recent years. That’s created uncertainty in the development community. What activities might trigger prosecution? Nobody’s sure.
“This legislative clarification is essential for developers to continue innovation without fear of legal repercussions,” according to a crypto advocacy group representative.
The Blockchain Association supports it. So does the DeFi Education Fund. Their argument: existing ambiguity chills innovation. It’s driving blockchain talent overseas.
Recent prosecutions prove the urgency. Roman Storm developed Tornado Cash. He faces charges related to his work on the protocol. Samourai Wallet founders? Same situation. Prosecuted under money transmission statutes.
These cases sparked a debate. Should developers be held liable for how others use their open-source software?
The House bill isn’t alone. Senators Cynthia Lummis and Ron Wyden introduced parallel legislation. It’s called the Blockchain Regulatory Certainty Act. Both bills aim to create legal safe harbors for developers. They’d maintain enforcement capabilities against actual money laundering ops.
The bills face an uncertain path. Crypto regulation remains contentious in Congress.
One big question: retroactive protection. Would any new protections apply to developers currently facing charges? Without retroactive provisions, developers like Storm could remain vulnerable. That’s despite broader reforms intended to protect their activities.
This represents the latest effort by lawmakers to provide regulatory clarity. It’s a balancing act. Innovation incentives on one side. Law enforcement concerns about illicit finance on the other.
How Congress resolves this tension matters. It’ll shape where blockchain innovation happens in the coming years.
