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GENIUS manages money, CLARITY manages assets—the United States is rewriting the rules of the entire Crypto world.
In the past ten years, Crypto’s biggest characteristic has been that it “doesn’t know who it is”. Is it a security? Is it a commodity? Is it currency? Or an experiment? The SEC says you are a security, the CFTC says you are a commodity, the project side is beaten from both sides, the exchange is on tenterhooks, and the investors are confused.
Now, this question finally has an answer.
In 2026, the CLARITY Act is rapidly advancing in Congress. The Senate Banking Committee voted 15:9, and the probability of passage was priced at 67% by the market. Bitcoin once exceeded $80,000 - the market has begun to trade "institutional certainty" in advance.
But this is no ordinary regulatory bill. Its ambitions are much greater than "controlling Crypto."
The biggest problem with Crypto supervision in the United States in the past ten years is not that "control is too strict", but that it doesn't know who is in charge.
SEC considers Tokens to be securities, so you have to register. The CFTC believes that tokens are commodities, so I have the right to control the spot market. Coinbase was sued by the SEC, Ripple had a three-year legal battle with the SEC, and Binance was directly kicked out of the United States. The regulatory model for the entire industry is not "legislation to set rules", but "enforcement to scare people."
The cost of this confusion is huge. Project parties don’t know whether their tokens are compliant, exchanges don’t know which ones can be listed and which ones cannot be listed, and institutional capital wants to come in and take a look, but they don’t even have a legal basis.
Crypto has been living in a "passive law enforcement environment" for the past ten years - instead of being protected, it may be prosecuted at any time.
What the CLARITY Act wants to solve is this fundamental problem: Give each Token a clear legal identity.
The core contribution of the CLARITY Act is to use legislation to divide Tokens into three categories:
Digital Commodities → CFTC Supervision
Tokens such as BTC and ETH, which are highly decentralized and have no clear issuer, are classified as "commodities". The CFTC leads the supervision of the spot market - this means that Bitcoin and Ethereum are legally on the same level as gold and crude oil.
Investment Contracts → SEC Regulation
Tokens with a financing nature, a clear team, and profit expectations are governed by the SEC during the issuance stage. But the most critical change is - Secondary market transactions are no longer dominated by the SEC. Once the Token enters circulation, jurisdiction is transferred to the CFTC system.
Payment Stablecoins → Separate Supervision System
Already covered by the GENIUS Act and will not be redefined.
What does this mean? Crypto is no longer one market, but a superposition of three markets. The digital commodity market, the investment contract market, the stablecoin market—each has its own rules and regulators.
This is the change that has the biggest impact on the market.
In the past, the SEC had jurisdiction over almost all Tokens. As long as a Token is traded on the market, the SEC can say that it is an "unregistered security." This is why the entire industry lives in the shadow of litigation - you never know when you will be targeted by the SEC.
After the CLARITY Act, the SEC’s home court was narrowed to a clear time window: the financing stage. Token issuance, fundraising, ICO/IDO - this is the domain of the SEC. But once the token enters the secondary market circulation, jurisdiction will be handed over to the CFTC.
Crypto was partially released from "security risk assets" for the first time.
The implications for the entire industry are profound. Exchanges can clarify which tokens can be listed, project parties can clarify what type of assets their tokens belong to, and investors can clarify which institution protects their assets.
When rules are clearly written, uncertainty is eliminated. And eliminating uncertainty itself is the greatest value.
This is the most important judgment of the whole article.
GENIUS Act defines "money": Stablecoins must be 100% anchored to the U.S. dollar, have sufficient U.S. debt reserves, and be subject to bank-level supervision. Stablecoins have been incorporated into the U.S. dollar system and become a tool for the digital expansion of the U.S. dollar.
CLARITY Act defines "asset": Tokens are divided into three categories. SEC and CFTC each have one section, and the secondary market trading rules are clarified. Crypto assets are included in the traditional financial regulatory framework and become a financial sub-market with a legal basis.
The two bills taken together constitute a complete layer of rules for digital finance in the United States:
GENIUS + CLARITY = digital dollar + digital asset market = new digital financial order led by the United States.
Senator Lummis put it bluntly: "CLARITY Act will decide whether America leads the future of finance." This is not just about drawing rules for Crypto, it is about the United States seizing the power to set global standards in the field of digital finance.
Yellow.com's analysis is even more sharp: "Why Banks Need CLARITY Act More Than Crypto Does" - Banks need this bill more than the crypto industry because it allows banks to finally enter the Crypto market with confidence.
What the United States is doing is not to regulate Crypto, but to incorporate Crypto into the structure of the US dollar financial system.
After the CLARITY Act is implemented, Token is no longer a homogeneous market, but is naturally stratified according to regulatory categories:
BTC → Macro asset (digital gold): Classified as a digital commodity and regulated by the CFTC. Bitcoin's positioning has changed from a "subversive experiment" to a "gold in the digital age" - anchoring macro expectations and following global liquidity fluctuations.
ETH → Infrastructure Asset: It is also classified as a digital commodity, but assumes more "network service" functions. Ethereum is returning from the "world computer" to the "infrastructure layer".
L1/L2 Token → Commercialized network assets: Pricing based on network usage value, no longer driven by narrative.
Meme → Pure risk assets: No practical utility, purely speculative instruments, with the vaguest regulatory classification - and the easiest to be liquidated.
For the first time, DeFi has changed from a "technical experiment" to a "regulatory definable object". In the past, DeFi was in a regulatory gray area, and no one knew how to regulate it. After the CLARITY Act, the key judgment criterion is: whether you are a decentralized commodity trading agreement (regulated by CFTC) or involved in the issuance of securities (regulated by SEC). Most DeFi protocols may be classified as the former, operating under the CFTC framework.
CEX is changing from a "crypto casino" to a "digital asset exchange" - more like Nasdaq and not like the wild growth of the past. DEX may enter the "regulatory gray area layer": those that are purely on-chain and have no centralized entities may be exempted, but those with team operations and front-end interfaces will most likely need to comply with regulations.
The real winner:
BTC/ETH Ecology — The legal status of digital commodities has been confirmed, and ETFs, futures, and spot have a clear legal basis
Coinbase — The staunchest supporter of CLARITY Act, compliance license + clear rules = the preferred channel for traditional funds
Institutional Capital — In the past, I didn’t dare to invest in Crypto because I didn’t know the rules. Now that the rules are clear, big money dares to come in
Potential losers:
Regulatory arbitrage project — In the past, the nature of Token was intentionally blurred and wandered between securities and commodities. The boundaries are clearly drawn and the gray areas disappear
Centralized issuance of tokens — those with clear teams, financing activities, and profit commitments may be recognized as "investment contract assets" and require SEC registration
Small DeFi Protocol — Compliance costs are rising, user entrances are being sucked away by compliance platforms, and the dilemma of "not being decentralized enough and not being able to afford compliance costs"
The real significance of CLARITY Act is not to regulate Crypto, but to write Crypto into the structure chart of the financial system for the first time.
Before this, Crypto was an "open network experiment" - full of possibilities, but no borders, no identity, and no legal protection.
After this, Crypto is a "defined financial market" - with classification, supervision, rules and certainty.
The space for speculation will decrease, institutional participation will increase, and the market structure will be reconstructed. Some projects will be eliminated because of compliance costs, and some projects will explode because the rules are clear.
Crypto is no longer a lawless place, nor is it a scourge. It finally has its own "ID card".
With identity, you have everything.