New Version of Blockchain Regulatory Certainty Act Would Clarify Liability for Crypto Software and Infrastructure
A new draft of the Blockchain Regulatory Certainty Act (BRCA) is being considered, according to policy nonprofit Coin Center, aiming to clarify when blockchain developers and infrastructure providers are subject to money transmission rules and related criminal liability. The measure seeks to distinguish custodial intermediaries from non-custodial software and network participants.
What the Bill Would Clarify
- Non-custodial actors—such as software developers, miners, validators, node operators, and providers of self-hosted or multisignature wallets—would not be treated as money transmitters solely for building, publishing, or running blockchain software and infrastructure.
- Entities that do not take possession of, or have the unilateral ability to control, customer funds would be outside the scope of money transmission licensing and Bank Secrecy Act obligations.
- Custodial intermediaries that accept and transmit customer assets or can independently move user funds would remain subject to existing compliance requirements.
Why It Matters
The proposal aims to reduce legal uncertainty for developers and infrastructure providers whose tools can be used by third parties, potentially narrowing exposure to money transmission charges and related criminal liability. Clarifying these boundaries could support continued development of blockchain networks and applications in the United States while preserving regulatory oversight of custodial services that handle customer funds.
Regulatory Context
Coin Center, a Washington, D.C.–based research and advocacy group focused on digital asset policy, has long argued that federal rules should differentiate between custodial financial intermediation and the mere publication or maintenance of code and protocols. Previous iterations of the BRCA have attracted bipartisan interest in Congress, reflecting ongoing efforts to harmonize treatment of non-custodial blockchain activity with existing financial regulations.
What Comes Next
The latest version of the BRCA would need to advance through committee consideration and floor votes in both chambers of Congress before becoming law. If enacted, it could establish a clearer legal framework for software-focused participants in the crypto ecosystem, while leaving existing obligations for custodial platforms intact. Coin Center has signaled it will continue to engage lawmakers as the proposal moves forward.