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New York AG James: CLARITY Act Could Undermine State Crypto Enforcement

New York AG James: CLARITY Act Could Undermine State Crypto Enforcement

What the CLARITY Act does

The CLARITY Act is a federal bill aimed at creating a regulatory framework for digital asset markets. It would define which cryptocurrencies are commodities and which are securities, and set rules for exchanges and brokers. But James says the bill as written could preempt state enforcement actions, leaving consumers with fewer safeguards. The bill has been a priority for some lawmakers who argue that a patchwork of state laws stifles innovation. For New York, which has its own BitLicense regime, the stakes are especially high — the state has spent years building its enforcement infrastructure.

Why James is pushing back

New York has one of the most aggressive crypto enforcement regimes in the country. The state's BitLicense framework and the Attorney General's office have brought multiple actions against unregistered platforms and fraudulent projects. James argued that the CLARITY Act, by creating a single federal standard, could override those state-level protections. She didn't mince words: the timing isn't great, given the recent turmoil in crypto markets and the need for robust oversight.