
Law enforcement groups and 82 Catholic leaders warn the BRCA safe harbor for non-custodial developers could weaken anti-money-laundering oversight, while supporters say it clarifies software builders are not money transmitters.
Roman Storm’s conviction has intensified debate over Section 604 of the CLARITY Act, also described as the Blockchain Regulatory Certainty Act provision. Supporters including Sen. Cynthia Lummis, Digital Chamber CEO Cody Carbone and White House crypto adviser Patrick Witt say it would clarify that non-custodial developers are not money transmitters or bank operators simply for writing code, with Witt calling the legislation "pro-regulation, pro-law enforcement." Critics, including four U.S. law enforcement associations and a faith-based coalition of 82 Catholic leaders, warned in June 24 letters that the provision’s safe harbor could create oversight gaps and make it harder to monitor, investigate and prosecute trafficking, organized crime, child exploitation, sanctions evasion and other illicit activity. The Catholic coalition told Senate leaders that the CLARITY Act’s Section 604 DeFi carve-out creates dangerous anti-money-laundering gaps for traffickers. The measure addresses money-transmitter liability but, as described in the reporting, does not resolve separate sanctions or anti-money-laundering exposure.