Two senators have introduced a short bill with an unusually big ambition: to stop US law from treating people who write and publish blockchain software as if they were running a shadow payments company.
The proposal, titled the Blockchain Regulatory Certainty Act of 2026, aims to clarify that “non-controlling” developers and infrastructure providers (i.e., those who don’t have the legal right or unilateral ability to move other people’s funds) should not be swept into the legal bucket reserved for money transmitters.
It’s an argument crypto has been making for years, unfortunately, often in the abstract language of decentralization and autonomy.
But the stakes have become harder to ignore. Prosecutors have tested aggressive theories of liability in high-profile cases involving non-custodial tools, and builders have watched as a patchwork of federal rules and state licensing regimes turned compliance into a guessing game.
In their own 2024 letter to Attorney General Merrick Ga
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