Latest / The Paul Barron Crypto Show / CLARITY One Week Countdown!?🚨Solana Accelerate Miami 2026
Transcript
- 0:00Speaker 1: We were diving in deep on clarity today it is
- 0:02Speaker 1: going to be a good one. And joining me now
- 0:04Speaker 1: is Miller white House coming in from the Salona Policy Institute.
- 0:08Speaker 2: How are you him doing well? Thank you for having me.
- 0:10Speaker 1: All Right, So it's a busy day here at the
- 0:11Speaker 1: Salona Accelerate event and you wouldn't know it, but there's
- 0:18Speaker 1: some things happening in DC right now. There are a
- 0:20Speaker 1: lot of things happening in DC, and so let's break
- 0:23Speaker 1: it down. Sure, all right, so clarity we you know
- 0:26Speaker 1: the new Markup language, I should say, the new language
- 0:30Speaker 1: going to mark Up.
- 0:31Speaker 3: We did a breakdown on this.
- 0:33Speaker 1: Yesterday, Miller, and looks pretty promising. There's some opportunities here.
- 0:37Speaker 1: What have you guys noticed in what we've seen come
- 0:40Speaker 1: out of these two industries so far?
- 0:44Speaker 4: Well, I think there's been, you know, a lot of
- 0:46Speaker 4: positive developments since the early January speed bump. I think
- 0:50Speaker 4: the yield rewards issue, which you've covered extensively and has
- 0:54Speaker 4: been getting a lot of love, has been positively resolved.
- 0:58Speaker 4: I think, you know, the core pieces of the bill
- 1:00Speaker 4: that are most important to crypto developer protections clearly defining
- 1:05Speaker 4: where which agency has authority over you remains at the
- 1:09Speaker 4: center of the bill, so it you know, I think
- 1:12Speaker 4: it's a bit at hour by hour, but I just
- 1:14Speaker 4: interviewed Senator Bernie Moreno, who's a big crypto advocate, and
- 1:18Speaker 4: he said that it's going to markup next Wednesday. So
- 1:22Speaker 4: fingers crossed that that is true and we could get
- 1:24Speaker 4: it to the floor in June and hopefully enacted before August.
- 1:29Speaker 1: So, Miller, for a lot of our viewers and listeners,
- 1:33Speaker 1: you know, they may not necessarily understand the cycle in
- 1:36Speaker 1: which DC works. We're moving toward the summer break, yep,
- 1:40Speaker 1: so it's very critical that this starts to get its
- 1:43Speaker 1: legs through the Senate right now, yep, next week on markup.
- 1:46Speaker 3: What would be the next step after that?
- 1:48Speaker 4: Okay, So after it goes through committee, and a markup
- 1:52Speaker 4: is essentially when you amend. Senators amend proposed legislation at
- 1:57Speaker 4: the committee stage. This bill will be amend by the
- 2:00Speaker 4: Senate Banking Committee, which has jurisdiction over these issues. So
- 2:03Speaker 4: that's about twenty senators and they'll vote on whether to
- 2:07Speaker 4: pass out the legislation as they amend it in markup
- 2:12Speaker 4: to the full Senate. So once it goes from the
- 2:14Speaker 4: Senate Banking Committee, they can positively refer it to the
- 2:18Speaker 4: full Senate and then all one hundred Senators will be
- 2:21Speaker 4: able to vote on it and get it done helpfully.
- 2:24Speaker 1: With that being the case under markup right now, because
- 2:27Speaker 1: even this morning I see a little bit of activity
- 2:30Speaker 1: on social talking about that the banks are trying to
- 2:33Speaker 1: maybe finagele in another move. Tom Tillis is coming in
- 2:37Speaker 1: said no, no, no, we've got this in play. So
- 2:41Speaker 1: is there any other risk that we'd have to worry
- 2:43Speaker 1: prior to markup?
- 2:44Speaker 3: Between now next Wednesday.
- 2:46Speaker 4: It pays to be paranoid in this town, or at
- 2:49Speaker 4: least the town of Washington. So certainly, yes, who knows,
- 2:52Speaker 4: you know, anything in the world could happen, and if
- 2:55Speaker 4: it affects national politics, it now affects the prospects of
- 2:58Speaker 4: the bill. That's just the name sure of you know, legislating.
- 3:01Speaker 4: I think it's that's actually a good sign that we're
- 3:04Speaker 4: kind of at the whims of national politics because it
- 3:06Speaker 4: means it's real.
- 3:08Speaker 2: So yeah, I think, never say never.
- 3:10Speaker 4: There will be new text released five days prior to
- 3:14Speaker 4: the markup, so I think perhaps at the end of
- 3:17Speaker 4: this week week that'll deserve a close read to see
- 3:20Speaker 4: you know, what other provisions may or may not have changed.
- 3:23Speaker 1: Do you anticipate from the Senate Banking Committee, because we
- 3:26Speaker 1: have some advocates in there and some not so money
- 3:29Speaker 1: that's right, advocates, do you anticipate some hard lines that
- 3:34Speaker 1: they may put into this bill and including ethics other
- 3:38Speaker 1: scenarios that we've talked about before.
- 3:40Speaker 4: I think ethics will be the very last issue resolved,
- 3:43Speaker 4: and it won't be resolved prior to markup next week.
- 3:46Speaker 4: My expectation is that the Senate Banking Committee will pass
- 3:50Speaker 4: it out next week and most of the issues will
- 3:53Speaker 4: be addressed.
- 3:53Speaker 2: If not all of them are other than ethics.
- 3:56Speaker 4: I think from there, you know, it's it comes down
- 3:59Speaker 4: to the White House and Senate Dems making a deal
- 4:02Speaker 4: that Bull can live with to make the bill viable.
- 4:06Speaker 3: Does that get done behind closed doors?
- 4:08Speaker 4: Yes, for sure, that'll be you know, Office of Legal
- 4:13Speaker 4: Counsel at the White House and Senate Democrats.
- 4:16Speaker 1: Once we come out of the Senate, I guess the
- 4:18Speaker 1: House just puts a pretty much a rubber stamp on it.
- 4:21Speaker 3: Is that kind of a.
- 4:22Speaker 4: Well, I think, you know, Luckily, the original product that
- 4:25Speaker 4: the Senate is working on came out of the House.
- 4:28Speaker 4: They passed it in July last year, the Clarity Act,
- 4:30Speaker 4: and the Senate has been working off their product.
- 4:33Speaker 2: It's also, I think been very encouraging.
- 4:35Speaker 4: The Senate's been very communicative with the House and House
- 4:39Speaker 4: members that were leaders or our leaders on this bill,
- 4:41Speaker 4: like Chairman Hill and Representative Warren Davidson.
- 4:45Speaker 2: So I think the Senate has done a.
- 4:47Speaker 4: Good job of making sure that the changes they've made
- 4:50Speaker 4: to the House's products are supported by the House such
- 4:54Speaker 4: that whatever comes out of the Senate will in and
- 4:57Speaker 4: of itself be a consensus product that the House is
- 4:59Speaker 4: comfortable moving to the President's desk.
- 5:01Speaker 1: Miller, is there anything in there right now that you
- 5:04Speaker 1: guys feel get into the privacy issue of self custody
- 5:09Speaker 1: or into DeFi protections for where we've been going, because
- 5:13Speaker 1: it's you know, this is the first time we've really
- 5:15Speaker 1: seen any language coming out.
- 5:17Speaker 2: Ye of these two working groups. So what do you yeah?
- 5:19Speaker 2: I mean?
- 5:19Speaker 4: If the bill were enacted today, on both self custody
- 5:25Speaker 4: issues and developer protection issues, this bill would be a
- 5:28Speaker 4: massive improvement over current law. There is explicit protection for
- 5:32Speaker 4: the right to self custody and the bill, and there's
- 5:35Speaker 4: explicit protection for developers from money transmission being misclassified as
- 5:41Speaker 4: money transmitters in the bill, which you know is the
- 5:44Speaker 4: charge that Roman Storm was convicted of and keeps everyone
- 5:47Speaker 4: up at night. So those two things alone, like in
- 5:50Speaker 4: my view, make the bill extremely attractive because there's such
- 5:53Speaker 4: fundamental issues like developers need to have the certainty that
- 5:57Speaker 4: they're not going to jail for bilaeople need to know
- 6:00Speaker 4: that they have the right to self gestate their own assets.
- 6:03Speaker 4: Neither of those things you know, are explicitly in law today,
- 6:07Speaker 4: So it would be a huge improvement to have us.
- 6:10Speaker 1: For sure listen, that would be to me a big
- 6:12Speaker 1: win of huge If anything, it would be almost.
- 6:15Speaker 3: Worth it just to deal with that.
- 6:17Speaker 1: Let's talk about the SEC and some of their exemptive orders,
- 6:21Speaker 1: how this is going to work, what Paul Atkins is
- 6:24Speaker 1: trying to do in structuring this new SEC to really
- 6:28Speaker 1: accommodate a much of what we're seeing here at Accelerate,
- 6:31Speaker 1: which is a lot of new developers, a lot of
- 6:33Speaker 1: new projects being launched. What do you guys see now
- 6:36Speaker 1: with what the SEC's plan and trajectory is around.
- 6:40Speaker 4: Yeah, I think we've been having really once in a
- 6:42Speaker 4: lifetime moment with the SEC. With Chairman Atkins and Hester
- 6:46Speaker 4: purs leading the crypto effort like they are true believers
- 6:49Speaker 4: in crypto, and it's very rare to have folks so
- 6:54Speaker 4: in principle and ideologically aligned with what.
- 6:56Speaker 2: We're trying to do.
- 6:57Speaker 4: So everything they're doing is complementary to what Congress is doing. So,
- 7:01Speaker 4: for example, they're working on an innovation exemption for on
- 7:04Speaker 4: chain securities trading. The legislation that may pass would direct
- 7:09Speaker 4: the SEC to do that kind of innovation exemption. So
- 7:12Speaker 4: I think what the SEC is currently doing is they're
- 7:15Speaker 4: looking at what Congress wants the agency to do under clarity.
- 7:19Speaker 4: They're you know, using the time that it's taken to
- 7:21Speaker 4: get the bill done to get ahead of that. And
- 7:24Speaker 4: as soon as it's done, I think there will be
- 7:26Speaker 4: you know, a mass, a deluge of action out of
- 7:29Speaker 4: the SEC once they have clear single from Congress.
- 7:33Speaker 1: Yeah, I think this is going to open up the
- 7:34Speaker 1: lanes in which a lot of people have talked about
- 7:37Speaker 1: here in the United States is the almost suppression of development. Yep,
- 7:43Speaker 1: the suppression of innovation, especially around blockchain.
- 7:46Speaker 3: And I'm not talking just about the financial markets.
- 7:48Speaker 1: We're talking about all the innovations that blockchain in general
- 7:50Speaker 1: are going to have.
- 7:51Speaker 3: So I agree with you.
- 7:53Speaker 1: Is there anything that we could run in terms of risk? Okay,
- 7:58Speaker 1: let's let's put this past Trump's residency.
- 8:01Speaker 3: In two years.
- 8:02Speaker 1: We've got an SEC that's still favorable, we've got a
- 8:06Speaker 1: FED chair that might be favorable, and you've got two
- 8:09Speaker 1: new major regulatory humps done.
- 8:13Speaker 3: What do I need to be worried about?
- 8:16Speaker 4: You know, it's an excellent question because I think, you know,
- 8:20Speaker 4: one of the most attractive things to me about getting
- 8:22Speaker 4: legislation done is that it'll be nothing that you'll have
- 8:26Speaker 4: to stay up worried about it, right, And I think
- 8:28Speaker 4: without legislative certainty, without getting these things into statue for
- 8:33Speaker 4: self custody and developer protections, we should be very worried about,
- 8:37Speaker 4: you know, January twenty twenty nine, to the extent you
- 8:40Speaker 4: know we have President Gary Gensler or something like that. Yeah,
- 8:43Speaker 4: So I think, you know, a big part about legislation
- 8:46Speaker 4: is narrowing the range that a pendulum, the policy pendulum
- 8:51Speaker 4: can swing. Instead of going from you know, Gary all
- 8:54Speaker 4: the way here to the Trump admin all the way
- 8:56Speaker 4: over here, it'll be like this, And that's certainty is
- 9:00Speaker 4: good for developers, good for.
- 9:01Speaker 2: Businesses, good for investment.
- 9:03Speaker 4: And ideally you know, there will be of course, within
- 9:06Speaker 4: that tightened range policy debates, there's a ton of rule
- 9:11Speaker 4: makings that'll be need to be done pursuant to the
- 9:15Speaker 4: Clarity Act, but the range of outcomes will be significantly
- 9:19Speaker 4: limited by statutory guardrails.
- 9:21Speaker 1: What do you make of the language that we saw
- 9:24Speaker 1: yesterday or the day before coming out, and it really
- 9:28Speaker 1: dictated that the Secretary of Treasury might have like a
- 9:34Speaker 1: final you know, alignment on some of the policy making
- 9:38Speaker 1: around this.
- 9:39Speaker 3: Is this a normal process that you've.
- 9:42Speaker 2: Extremely normally yes? So how does that work?
- 9:44Speaker 4: So Congress, you know, I think of legislation as being
- 9:50Speaker 4: if you think about policy and regulation as being like
- 9:53Speaker 4: an essay. The statute meaning the law sets the outline
- 9:58Speaker 4: and gives the topics that the you know, policy is
- 10:01Speaker 4: going to cover and all of that, all of the
- 10:03Speaker 4: nitty gritty details they direct the federal agencies to figure out.
- 10:08Speaker 4: So in Clarity there are over seventy rule makings that
- 10:11Speaker 4: Congress will be directing the federal agencies to do, and
- 10:15Speaker 4: within you know, the guardrails that the statute sets, there
- 10:18Speaker 4: will be wiggle room for the Treasury Secretary for the SEC,
- 10:22Speaker 4: for the CFTC, today's and future agencies to work within
- 10:27Speaker 4: that statutory.
- 10:29Speaker 1: Is is that a complimentary approach from a SEC that
- 10:35Speaker 1: was led by Gensler that translates over to one led
- 10:39Speaker 1: by Paul Atkins? Or does each SEC new you know,
- 10:44Speaker 1: administration kind of reconstruct.
- 10:47Speaker 3: How some of this policy is written out.
- 10:49Speaker 4: Yeap, So it's it's very difficult. Well, certainly there's nothing
- 10:53Speaker 4: as difficult. It's getting a bill done. So we've learned
- 10:55Speaker 4: over the last eight years. But you know, those seventy
- 10:58Speaker 4: rules will need to be implemented via a two plus
- 11:02Speaker 4: year procedure that requires notice and comment. Everyone gets, everyone
- 11:07Speaker 4: interested in the public or industry gets to put in
- 11:09Speaker 4: their thoughts. There are multiple rounds of that. If the
- 11:13Speaker 4: agency implements it and you think it's outside of their
- 11:16Speaker 4: authority or something like that, you can sue, which the
- 11:19Speaker 4: industry did with Gary Gensler several times. To undo those
- 11:23Speaker 4: rules requires that same process. So it's the process and
- 11:28Speaker 4: the input it takes, the resources it takes to get
- 11:31Speaker 4: them done has to be expended to get them undone.
- 11:35Speaker 4: So usually there's not a ton of back and forth
- 11:38Speaker 4: between rules between administrations.
- 11:42Speaker 2: Public versus private blockchains.
- 11:45Speaker 1: Big battle going on in the industry right now we've
- 11:47Speaker 1: seen emerge. When you look at that and maybe how
- 11:52Speaker 1: this innovation is going to be going to the next level.
- 11:54Speaker 1: What are your thoughts there at the policy institute of
- 11:58Speaker 1: public versus private.
- 12:00Speaker 2: I'm sure you could guess where we are on that spectrum.
- 12:02Speaker 4: But I think the US has largely and certainly the
- 12:06Speaker 4: Clarity Act has largely settled on public.
- 12:09Speaker 2: Blockchains being the innovation here.
- 12:11Speaker 4: You know, I think there's a general consensus in DC
- 12:14Speaker 4: that private blockchains are very similar to the traditional financial
- 12:18Speaker 4: system and you know, don't represent something fundamentally innovative that
- 12:24Speaker 4: warrants a new legal regime. I don't think the rest
- 12:27Speaker 4: of the world has come to that conclusion whatsoever. For example,
- 12:32Speaker 4: you know, in the UK, the Central Bank there is
- 12:34Speaker 4: talking about their stable cooin regulatory framework that they may implement,
- 12:39Speaker 4: and they're definitely considering limiting it to private blockchains because
- 12:44Speaker 4: private blockchain replicates the system that they're used to regulating
- 12:48Speaker 4: and know it love So I think that, you know,
- 12:52Speaker 4: I don't have anything against private blockchains. I think they
- 12:55Speaker 4: can operate and should operate as traditional financial institutions do.
- 13:00Speaker 2: And my hope.
- 13:01Speaker 4: Is that if we get the Clarity Act on the
- 13:04Speaker 4: rest of the world come along with Yeah.
- 13:05Speaker 3: They'll come.
- 13:06Speaker 1: Biller, thanks for coming in today. Thanks for appreciate it,
- 13:08Speaker 1: all right, said it? Okay, you guys know what to do.
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