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CLARITY Act Floor Vote Likely Shifts to August, Lummis Says

Lummis says CLARITY Act Senate floor vote is more likely before August recess than July 4, held up by a four-part merge and an unresolved ethics standoff.

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CLARITY Act Senate floor vote timing August recess

The Digital Asset Market Clarity Act hit the U.S. Senate’s Legislative Calendar on June 1, clearing five of nine procedural steps toward becoming law. Three weeks after the Senate Banking Committee’s 15-9 vote moved it out of committee, Senator Cynthia Lummis (R-WY) gave the clearest public read yet on the floor vote’s timing: “I think it’s possible, but maybe more likely we finish it before the August recess.”

The Trump administration had been targeting a presidential signature by July 4. Lummis, the bill’s most consistent Senate champion, told journalist Eleanor Terrett this week that cloture math and a multi-bill merge make the earlier deadline unlikely in practice.

From Committee to Calendar

The legislation has been moving through Congress since May 2025, when Representative French Hill of Arkansas introduced the House version. The House passed it in July of that year by 294 to 134. Two parallel Senate drafts then ran simultaneously: one from the Senate Banking Committee and a separate digital commodity framework from the Senate Agriculture Committee, which advanced its own version in January 2026. The current bill traces its lineage to the Financial Innovation and Technology for the 21st Century Act (FIT21), which passed the House in May 2024 but stalled in the Senate, requiring both chambers to rebuild the framework from the ground up.

The bill draws a hard line between two federal regulators: the Commodity Futures Trading Commission (CFTC) would receive exclusive authority over spot and cash markets for digital commodities on decentralized blockchains, while the Securities and Exchange Commission (SEC) retains oversight over investment contract assets. Bitcoin and Ethereum would be permanently classified as non-securities under the framework.

The Banking Committee version spent four months in negotiations over stablecoin yield treatment, decentralized finance (DeFi) developer liability, and that regulatory boundary. Senate Banking Chairman Tim Scott described the May 14 committee result as a historic bipartisan advance, a 15-9 vote with all 13 Republicans joined by Democrats Ruben Gallego of Arizona and Angela Alsobrooks of Maryland.

Calendar placement under General Orders, No. 423, followed on June 1. Being on the calendar means the bill is formally in the queue and eligible for full Senate consideration, per the bill’s legislative record on Congress.gov. Senate Majority Leader John Thune has not set a floor date.

The Four-Part Assembly

Before Thune can schedule a floor vote, four legislative components have to be unified into a single text. Lummis laid out the list directly in her conversation with Terrett:

  1. The Senate Banking Committee version, cleared May 14.
  2. The Senate Agriculture Committee’s parallel digital commodity framework, advanced in January 2026.
  3. Ethics provisions that Democratic senators have demanded as a condition for their floor votes.
  4. Revisions to the Guiding and Establishing National Innovation for U.S. Stablecoins Act (GENIUS Act), the stablecoin regulation law that cleared the Senate 68-30.

The Banking and Agriculture merge alone is a staff-level process that typically takes weeks. As the U.S. Crypto Policy Tracker maintained by Latham & Watkins documents, the two committee drafts diverge on CFTC enforcement powers, oversight of decentralized exchanges, and how prediction markets are treated. Once a unified text exists, it goes through floor debate and amendments before any cloture vote can happen. Lummis said she has been coordinating with Senators Bill Hagerty of Tennessee, Angela Alsobrooks of Maryland, and Thom Tillis of North Carolina to assemble the final package.

Lummis cited the Working Families Tax Cut as legislation Congress passed in “record time,” suggesting July remains possible. This bill has a four-part merge and an ethics negotiation standing between the current moment and any scheduled floor date, with no equivalent combination in that tax bill’s path to passage.

Seven Votes and the Ethics Standoff

The Senate’s 53 Republicans aren’t enough to reach the 60-vote cloture threshold. At least seven Democrats have to cross over.

  • 60 votes required for cloture under Senate filibuster rules
  • 53 Senate Republicans, all assumed yes
  • 7 Democratic floor votes still needed to reach 60
  • 11-13 the committee vote rejecting the Van Hollen ethics amendment on May 14

Senator Chris Van Hollen (D-MD) filed an amendment during the May 14 markup that would have barred the president, vice president, and other senior government officials from holding business ties to digital asset companies. It failed 11-13. Gallego, one of the two Democrats who voted yes in committee, said on that same day: “I want to be clear that my vote here does not guarantee a vote on the floor.” He and Alsobrooks both conditioned their support on the ethics question being resolved before any floor vote takes place, not afterward.

Senator Kirsten Gillibrand (D-NY), one of crypto’s most consistent Democratic supporters and widely viewed as a key swing-vote anchor for crossing 60, told the Consensus Miami conference in May that Democrats will not back the bill without a strong ethics provision. Cody Carbone, who heads the Digital Chamber trade association, told reporters that leadership won’t bring the bill to the floor until it’s confident cloture is in reach, meaning the ethics deal has to close first.

The White House has drawn its own position. Patrick Witt, executive director of the President’s Council of Advisors for Digital Assets, told the Consensus Miami audience the administration can accept ethics rules applying “across the board, from the president all the way down to the brand new intern on Capitol Hill,” but not language targeting the president specifically. President Trump’s family holds active digital asset business interests, including through World Liberty Financial.

The Floor Calendar’s Other Tenants

Closing the ethics deal and finishing the merge still leaves one constraint: floor time is finite, and June is already crowded.

The Senate returned from its Memorial Day recess on June 3. Congress has roughly four working weeks left in June and three more in July before the August recess begins. The CLARITY Act competes for those weeks with budget reconciliation, FISA reauthorization, and a housing bill that cleared the House this spring. Journalist Eleanor Terrett flagged the competition in May, noting the bill would fight for floor minutes alongside reconciliation and the housing legislation. Majority Leader Thune has indicated reconciliation is the chamber’s first priority through much of June, leaving the CLARITY Act in a queue with no confirmed place in the schedule.

Former Senate aide Anne Kelly told industry observers that passage before August “just got more challenging,” citing Senate floor time as Washington’s scarcest resource. Lummis has said publicly that failing to pass the legislation in this window could push the next viable chance to 2030: a new Congress after November’s midterms would restart the process from scratch, and midterm campaign cycles typically absorb the floor bandwidth that comprehensive regulatory overhauls require.

Competing Pressure on the Senate Floor

Three distinct advocacy efforts converged this week around the bill’s fate.

On June 2, the Blockchain Association sent a letter to Thune and Democratic Leader Chuck Schumer, signed by 160 former national security, intelligence, and law enforcement officials. The letter argued digital asset market structure is a law enforcement and national security priority, citing specific tools in the bill: extended Bank Secrecy Act and sanctions obligations for digital commodity brokers, dealers, and exchanges, plus a Treasury-led information-sharing mechanism with the Justice Department, the FBI, and the Drug Enforcement Administration (DEA). The signatories, their arguments, and the prior national security case for the bill are covered in this publication’s earlier report on the CLARITY Act and national security.

It is critical for the United States that this activity occurs under American rules, with American oversight, and subject to American Law.

The Blockchain Association followed the letter with meetings across 18 Senate offices and a virtual town hall on June 4, featuring Lummis, House Majority Whip Tom Emmer, and Witt.

A newly formed political action committee (PAC) called Defend Developers is pressing from a separate angle: statutory protections for open-source software engineers and DeFi builders who built decentralized systems without centralized control over user activity. Developer liability provisions became one of the sharper fault lines in committee negotiations, a dynamic covered in prior reporting on what CLARITY Act collapse would mean for crypto developers.

JPMorgan Chase Chairman Jamie Dimon landed on the opposing side. On May 29, he said banks will fight the bill because it puts stablecoin issuers on unequal regulatory footing with banks and lacks adequate anti-money laundering (AML) protections. Lummis responded on CNBC on June 3: “He either hasn’t read the bill, or he wants to mislead people.” She pointed to more than 1,600 references to existing AML and Bank Secrecy Act (BSA) requirements in the bill’s text, and called Dimon’s remarks about Coinbase CEO Brian Armstrong “distasteful.”

Can the Senate Clear 60 Before August Recess?

Analysts and prediction markets have notably different answers.

Source 2026 Passage Odds Timeline Estimate Key Constraint
Galaxy Research (Alex Thorn) 75% Signing week of Aug. 3 Assumes ethics deal closes before floor
Polymarket 55% Not specified Down ~10 points from recent highs
Kalshi 27% by Aug.; 38% before year-end Ambiguous Floor calendar uncertainty
TD Cowen Not specified Risk of 2027 slippage Floor time doesn’t open in June

Galaxy Digital backed its research team’s view with a $10 million institutional prediction market trade on the bill passing in 2026, executed through its over-the-counter (OTC) offering with Arca. Alex Thorn, Galaxy Research’s head of research, puts the realistic signing date at the week of August 3 if Congress holds current pace. That 75% figure sits well above where Polymarket’s crowd settled, at 55%, itself down roughly 10 percentage points from levels recorded before the calendar placement. Kalshi’s 27% probability of passage specifically by August captures the narrower question: not whether the bill passes in 2026, but whether it clears the floor before the recess deadline.

TD Cowen analysts warn that slippage into 2027 is plausible if the floor calendar stays closed through June. Treasury Secretary Scott Bessent framed the competitive stakes in a Wall Street Journal op-ed: blockchain developers and crypto companies migrating to Singapore and Abu Dhabi as a direct consequence of U.S. regulatory ambiguity. A16z Crypto has separately noted the United States is already behind Europe’s Markets in Crypto-Assets Regulation (MiCA) framework and the United Kingdom’s own stablecoin rulemaking push.

The floor vote is in Thune’s queue, date unannounced, waiting on the ethics deal that has been unresolved since the May 14 markup.

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Citigroup Says ETF Outflows Drove Bitcoin’s Crash, Not Strategy’s Sale

Citi analysts say $3.77B in spot Bitcoin ETF outflows since mid-May drove BTC’s crash, with fund flows accounting for 45% of Bitcoin’s weekly price moves.

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Bitcoin broke below $67,000 this week as spot exchange-traded funds (ETFs) logged their longest consecutive redemption streak since the products launched in January 2024. Net withdrawals from US spot Bitcoin ETFs totaled $3.77 billion between May 15 and June 2, per Farside Investors’ Bitcoin ETF flow tracker, and Citigroup’s analysts say that sustained institutional exit drove Bitcoin’s decline far more than Strategy’s 32-coin disposal, which captured social-media attention but amounted to less than $3 million in an asset the company still holds at a $63.87 billion cost basis.

Strategy’s 32 BTC That Moved Markets

A Filing That Broke the Pattern

The SEC disclosure arrived June 1. Strategy’s 8-K filing with the US Securities and Exchange Commission (SEC) confirmed the Virginia-based corporate Bitcoin treasury sold 32 coins between May 26 and May 31 at an average price of $77,135 per coin, raising $2.5 million toward funding distributions on the company’s preferred stock. The last time the firm sold any Bitcoin was December 2022, a 704-coin tax-loss harvest reversed within 48 hours when the company repurchased 810 coins at a marginally higher price.

The firm holds 843,706 BTC as of May 31, acquired at a total cost of $63.87 billion. The 32 coins represent roughly 0.004% of that position. Onchain data from Arkham Intelligence had shown the company moving 411.6 BTC from Coinbase Prime to a cold wallet on May 28, pushing prediction-market odds of a near-term sale to 84% before the filing confirmed it. MSTR shares fell roughly 5% to around $151 in the session after the disclosure, and Bitcoin slid toward the $71,400 range.

The Preferred-Stock Connection

Citi characterized the disposal as consistent with a tax-optimization plan disclosed earlier in the year, not a strategic reversal. CEO Phong Le had flagged the new approach on Strategy’s Q1 2026 earnings call. “On our first quarter 2026 earnings call, we said we would proactively manage our convertible debt and use the full range of capital management tools available to us, including the disciplined sale of bitcoin,” Le said in the accompanying press release. The firm’s capital structure spans multiple preferred-stock series, each carrying fixed dividend obligations, and the $2.5 million in sale proceeds flows directly toward those distributions.

  • 32 BTC sold May 26 to May 31 at an average of $77,135 per coin
  • 843,706 BTC remaining in the treasury as of May 31, acquired at a total purchase price of $63.87 billion
  • 0.004% of total holdings liquidated, raising $2.5 million for preferred-stock dividends
  • December 2022 the previous time any BTC was sold, in a tax-loss trade reversed within two days

How ETF Flows Became Bitcoin’s Pulse

Citi’s note, circulated June 3, frames Bitcoin’s demand problem in structural terms. The bank estimates that spot Bitcoin ETF flows explain roughly 45% of BTC’s weekly price variation, making institutional fund allocation decisions the most statistically reliable predictor of near-term Bitcoin price direction. When the wrappers bleed outflows, BTC price follows.

The ETFs, which US regulators approved in January 2024, converted Bitcoin from a self-custody asset into something pension funds, family offices and standard brokerage accounts could hold through familiar investment infrastructure. That shift moved the marginal price-setter from on-chain wallet activity and exchange order books to institutional ETF desk decisions. A single session of heavy withdrawals from products like BlackRock’s IBIT or Fidelity’s FBTC now shows up in BTC spot prices within hours.

An announcement of small digital asset treasury selling has had an outsized effect on BTC in our view but does not alter the fundamental backdrop.

The analysts went further in the June 3 note, warning that “we expect sentiment to remain lackluster, especially as the divergence with equity performance remains stark, absent positive news on the regulatory front or ‘de-basement trade’ fears around fiscal positions.” De-basement demand, as Citi uses the phrase, describes the investment thesis that Bitcoin holds value against government fiscal deterioration and currency erosion. Activating it requires specific macroeconomic conditions, independently of ETF flow direction.

The ETF withdrawals fueling the broader crypto liquidation cascade since mid-May have compounded other pressures: geopolitical risk from US-Iran military escalation, cascading long liquidations that briefly dragged Bitcoin to an intraday low of $65,372, and elevated US inflation keeping Federal Reserve rate-cut expectations subdued.

Bitcoin ETFs Set a Redemption Record

Eleven consecutive sessions of net outflows between May 15 and June 2, totaling $3.77 billion combined, set a record for the longest such streak in US spot Bitcoin ETF history. The five largest single-session withdrawals drove the bulk of the cumulative figure.

Date Net Outflow
May 27 $733.4 million
June 2 $519.1 million
June 1 $483.8 million
May 18 $448.6 million
May 26 $333.6 million

The monthly picture pushed the damage further. Bitcoin spot ETFs closed May with $2.30 billion in net outflows, the largest monthly withdrawal of 2026 and the steepest since November 2025. April had added $1.97 billion in net inflows; March had added $1.32 billion. May’s exit ran roughly ten times the size of February’s $206 million in net redemptions, yet Bitcoin’s price fell only 3.69% during the month, suggesting institutions reduced exposure at a pace well ahead of price weakness alone.

Cumulative net inflows into all US spot Bitcoin ETFs slipped to approximately $55.79 billion from $58.09 billion in April, reversing nearly the entire first-quarter gain in a single month. BlackRock’s IBIT reportedly recorded one of its largest single-session outflows of its operating history in late May. With ETF desks net selling, the standing bid that had helped absorb organic selling from miners and long-term holders thinned out sharply.

Bitcoin’s Widening Gap From the Equity Rally

Bitcoin’s all-time high of approximately $126,200, reached in October 2025, now sits more than 46% above Thursday’s price. US equity indices held comparatively firm over the same stretch, supported by continuing enthusiasm for artificial intelligence and semiconductor stocks.

For institutional allocators managing combined books across equities and digital assets, that performance gap creates mechanical rebalancing pressure. A BTC position that has lost nearly half its peak value while equities hold steady falls below its target portfolio weighting. Managers facing liquidity needs or AI-stock purchase opportunities reach for the underperforming asset as a funding source, compounding the sell pressure.

K33, the Oslo-based crypto research firm, flagged the dynamic in a note published June 3. K33’s head of research, Vetle Lunde, argued that the market views the opportunity cost of holding BTC as too high against AI-related stocks currently posting gains. The firm, which had called $60,000 the cycle low, revised that assessment to warn of “possible deeper lows.” The capital rotation from Bitcoin toward AI stocks and anticipated tech IPO listings accelerated through the same weeks as the ETF redemption streak.

SBI Holdings Chairman and CEO Yoshitaka Kitao, one of Japan’s most prominent financial executives and a strategic Ripple investor, attributed part of the institutional withdrawal to capital preparation for three anticipated US listings: SpaceX, Anthropic, and OpenAI, whose combined target valuations approach $3.6 trillion. “Although the cryptocurrency market is declining overall, the reason is believed to be that institutional investors and others are raising funds for acquiring shares in the three major upcoming IPOs of SpaceX, Anthropic, and OpenAI,” Kitao wrote in a June 3 post on X.

A 50-50 Bet on Regulatory Relief

The Bill That Could Change the Picture

Citi named positive regulatory developments as the one concrete catalyst that could reverse the demand picture. The bank pointed specifically to the Digital Asset Market Clarity Act (CLARITY Act), the comprehensive US crypto market structure bill that cleared the Senate Banking Committee in a 15-9 bipartisan vote on May 14 and was subsequently added to the US Senate Legislative Calendar as Calendar No. 423. Democratic Senators Ruben Gallego of Arizona and Angela Alsobrooks of Maryland joined all Republicans on the panel, advancing the legislation after a four-month committee delay.

The CLARITY Act would divide regulatory jurisdiction over digital assets between the Commodity Futures Trading Commission (CFTC) and the SEC based on whether a given asset functions as a digital commodity or an investment contract. Kitao said he is “convinced that if the Clarity Act is enacted in the United States, it will bring a positive impact to the cryptocurrency market, including Ripple.” The bank put passage odds for 2026 at roughly 50%, with those odds described as declining.

An Increasingly Crowded Calendar

Getting to 60 affirmative votes on the full Senate floor requires a significant bloc of Democratic support beyond the two who voted in committee. Democrats have conditioned floor support on a conflict-of-interest provision covering government officials’ crypto holdings, including the Trump family’s stake in crypto ventures. White House officials have opposed any language that singles out a specific officeholder rather than applying uniformly to all executive branch employees.

The scheduling math runs parallel to the political obstacle. Per the Senate Banking Committee’s summary of the CLARITY Act’s scope and structure, the bill must be reconciled with a separate market-structure measure that cleared the Senate Agriculture Committee before reaching the floor, a process that has not yet begun. About eight weeks remain before the summer recess in early August, a window already competing with FISA reauthorization, the annual defense authorization act, and the farm bill.

  • Senate Banking Committee vote: 15-9 on May 14, two Democrats in support
  • Full Senate threshold: 60 votes required, substantial Democratic participation needed
  • Unresolved: conflict-of-interest provision on government officials’ crypto involvement, negotiations continuing
  • Pending: reconciliation of the Banking Committee bill with the Agriculture Committee’s parallel version before floor scheduling
  • The bank’s probability estimate: approximately 50% chance of passage in 2026, and declining

White House officials had set an Independence Day target for clearing Congress. Several lawmakers have since described end-of-July or early-August as the more realistic window, the final stretch before recess begins.

The Clarity Act’s path to a Senate floor vote still requires a reconciled text, a resolved ethics clause, and a week of floor time it has not yet been allocated.

Disclaimer: This article is for informational purposes only and does not constitute financial or investment advice. Cryptocurrency markets are highly volatile and prices change rapidly. Figures cited are accurate as of publication. Readers should consult a qualified financial professional before making any investment decisions.

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Lummis Fires Back at Dimon as the CLARITY Act Hits the Senate Calendar

Senator Lummis says Jamie Dimon is wrong about the CLARITY Act’s compliance rules. Here’s what both sides are missing before a Senate floor vote.

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Senator Cynthia Lummis called JPMorgan Chase CEO Jamie Dimon “absolutely wrong” on CNBC this week over the CLARITY Act, a proposed federal digital-asset market-structure law she co-authored. The Wyoming Republican said the bill contains 16 to 17 explicit references clarifying that the anti-money laundering and Bank Secrecy Act compliance obligations that apply to banks also apply to digital asset businesses. Dimon had argued those provisions were missing. The Digital Asset Market Clarity Act (CLARITY Act, the first comprehensive U.S. federal framework for crypto markets) cleared the Senate Banking Committee on a bipartisan 15-9 vote on May 14 and has since been added to the Senate Legislative Calendar. A floor date is still unscheduled.

The public exchange has landed while a quieter negotiation continues: what legal protection software developers who build decentralized finance (DeFi, blockchain-based financial applications running without traditional intermediaries) applications will receive under federal law. A new political action committee launched this week to lobby specifically for those developers, and Senate Judiciary Committee Chairman Chuck Grassley has already flagged objections to the provision designed to shield them from criminal prosecution.

Dimon’s Stablecoin Argument

Dimon’s primary grievance, as aired on Fox Business on May 29, centers on stablecoin yield. He argued the bill lets crypto companies offer customers rewards for holding stablecoins, products that function like interest-bearing deposits, without the capital adequacy rules, liquidity requirements, and federal deposit protections that regulated banks must carry. “It allows cryptocurrency firms to effectively pay interest on deposits, stablecoins or something like that, without the protection that they should have,” he told Fox Business. “The banks will not accept it that way.”

The American Bankers Association (ABA) has made similar arguments in formal comments, contending that certain provisions could accelerate deposit migration from regulated banks to crypto platforms. The specific flashpoint: Coinbase (the San Francisco-based crypto exchange) launched a USD Coin (USDC, a dollar-pegged stablecoin) yield product that pays customers for holding the token. The ABA and allied trade groups have urged senators to use the CLARITY Act to close what they describe as a loophole that lets crypto exchanges bypass the GENIUS Act’s existing prohibition on paying yield on payment stablecoins.

Dimon also attacked Coinbase CEO Brian Armstrong by name, saying no one in banking intends to “bow down to this guy.” The two had a heated exchange at the World Economic Forum in Davos earlier this year, with Dimon reportedly telling Armstrong he was “full of s—,” according to people familiar with the exchange who spoke with The Wall Street Journal. Dimon alleged that Armstrong is spending hundreds of millions of dollars lobbying to push the bill through Congress.

The stablecoin fight marks a second round of banking-industry pressure on digital-asset legislation. When Congress passed the Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act in 2025, it cleared the Senate 68-30 with a specific ban on paying yield on payment stablecoins. Banking groups now argue the CLARITY Act would carve a workaround into that prohibition, letting crypto exchanges offer yield-bearing products without the safeguards banks carry.

What the Bill Says About Compliance

The Senate Banking Committee published a myth-vs-fact document on the CLARITY Act addressing Dimon’s style of objection directly. On investor protections, the committee’s position is that the bill relies on “longstanding securities law principles,” requires mandatory disclosures to the Securities and Exchange Commission (SEC, the federal regulator overseeing stocks and investment contracts), and subjects participants to anti-evasion protections and full SEC enforcement authority.

Lummis said on CNBC that the bill has “the same anti-money laundering and Bank Secrecy Act provisions that exist in the banking world.” Her count of 16 to 17 explicit compliance references directly contradicts Dimon’s suggestion that digital asset businesses would operate outside those frameworks. The compliance architecture also includes targeted rulemaking for centralized intermediaries that interact with DeFi protocols, requiring risk management standards from those entities.

Point of Dispute Dimon’s Position CLARITY Act (Senate Banking Committee Text)
AML and BSA obligations Absent or inadequate for crypto firms 16 to 17 explicit compliance references, per Lummis on CNBC
Stablecoin yield products Unregulated interest equivalent; will “eventually blow up” Subject to disclosure requirements; intermediaries face rulemaking
Investor protections Weaker than banking standards SEC retains full enforcement authority; anti-evasion provisions included
Deposit migration risk Real and immediate; banks “will not accept it” Centralized intermediaries interacting with DeFi must meet risk management rules

Yield-related products remain the substantive open question. The bill does permit some form of stablecoin rewards, with exact parameters still under negotiation. Dimon’s AML objection, as Lummis frames it on CNBC, targets compliance provisions already written into the bill’s text.

The Developers Nobody’s Negotiating For

Section 604 of the CLARITY Act incorporates the Blockchain Regulatory Certainty Act (BRCA, a provision shielding developers and infrastructure providers who do not control customer funds from being classified as money transmitters). A late-stage committee compromise to secure Democratic votes removed language that would have extended those protections to Section 301 of the bill, which addresses Bank Secrecy Act sanctions requirements. The provision’s final shape in the bill is still being worked out in closed-door Senate sessions.

A developer who publishes open-source DeFi software has no window into who runs transactions through it or for what purpose. Lummis made that argument directly on CNBC. “People who write code for Bitcoin products, for example, don’t know when they put their product out there who’s using it,” she said. “They should be protected from liability since they don’t know who the user is.”

Law enforcement groups have opposed the BRCA provision, arguing it complicates investigations into illicit financial activity routed through DeFi platforms. The Blockchain Association organized a formal letter to Senate Majority Leader John Thune and Minority Leader Chuck Schumer, signed by 160 former national security, intelligence, and law enforcement officials urging swift passage of the bill, arguing the legislation preserves prosecutors’ ability to pursue illicit digital-asset activity.

On June 3, Defend Developers PAC launched as the first political action committee dedicated exclusively to backing lawmakers who support legal protections for crypto developers. Founded by Gavin Zavatone of the DeFi Education Fund, the group’s board includes executives from the Solana Policy Institute and Uniswap Labs. It plans to back only incumbent lawmakers and target more than six figures in the 2026 midterms.

What the CLARITY Act’s Section 604 safe harbor covers:

  • Publishing software for blockchain services without controlling user funds
  • Providing hardware or software for a customer’s own self-custody of digital assets
  • Maintaining blockchain infrastructure without unilateral authority over user transactions

The safe harbor does not extend to developers who hold customer funds, execute transactions on users’ behalf, or operate centralized exchanges. That line is what the Senate negotiations are still drawing.

A Criminal Statute Called Section 1960

At the center of the developer fight is 18 U.S.C. Section 1960, the federal criminal statute making it a felony to operate an unlicensed money-transmitting business. It was used to prosecute Tornado Cash co-founder Roman Storm, who was convicted in Manhattan federal court on a money-transmitting count for publishing open-source privacy software. The Department of Justice subsequently asked U.S. District Judge Katherine Polk Failla to schedule a retrial of Storm in October on deadlocked money-laundering and sanctions counts.

Lummis posted on X this month:

If the Clarity Act doesn’t pass this Congress, American software developers will be targeted again for prosecution in the near future just for publishing code. These are the stakes.

A separate analysis tracing the CLARITY Act’s June Senate timeline set the Storm conviction alongside the calendar pressure Lummis identified: four working weeks between the June start and August recess, with a FISA (Foreign Intelligence Surveillance Act) reauthorization deadline and a farm bill competing for the same floor days as the crypto bill.

Senate Judiciary Committee Chairman Chuck Grassley and Senator Dick Durbin sent a joint letter in January objecting to the BRCA’s inclusion in the CLARITY Act, arguing the provision modifies Title 18 of the U.S. Code, which includes Section 1960. Because Grassley chairs Judiciary, his committee has formal review authority over any language touching the criminal code. A narrowed compromise could leave developers with materially less protection than the bill’s current draft promises.

Crypto lawyer Jake Chervinsky raised a parallel concern earlier in the spring: the bill’s definition of a “non-controlling” developer may still expose certain DeFi participants to liability because the relevant provisions leave some activities in a gray area. Lummis has said bipartisan adjustments strengthened the safeguards. On CNBC this week, she signaled that DeFi negotiations remain “active” while indicating progress, without committing to revised text.

Sixty Votes and a Shrinking Calendar

The Ethics Standoff

Republicans hold 53 Senate seats. Cloture requires 60 votes, meaning the bill needs at least seven Democratic crossovers. At the Banking Committee markup in May, two Democrats voted with the majority: Ruben Gallego of Arizona and Angela Alsobrooks of Maryland. Both signaled their committee votes were conditional, with Alsobrooks saying it was “a vote to keep working in good faith” and Gallego saying his final floor vote would depend on further progress. Five more Democratic crossovers are needed.

Several Democrats have said they will not commit to cloture without an explicit conflict-of-interest provision barring the president, the vice president, and members of Congress from active digital-asset trading. Senator Kirsten Gillibrand of New York has said the bill won’t clear the chamber without that language. Senator Elizabeth Warren of Massachusetts wrote to SEC Chairman Paul Atkins on the day of the markup, noting that the Trump family had recorded at least $1.4 billion in crypto-related gains during the prior year. The Republican position is that any amendment targeting Trump-linked entities constitutes a poison pill the majority will reject, though White House adviser Patrick Witt has indicated openness to ethics rules that apply “across the board, from the president all the way down to the brand new intern on Capitol Hill.”

Before a floor vote can happen, the Banking Committee bill must also be merged with the Senate Agriculture Committee’s parallel digital-asset text, which addresses CFTC (Commodity Futures Trading Commission, the federal regulator for commodity derivatives) jurisdiction. The Agriculture Committee advanced its version in January. Lummis described the sequence on CNBC: “We now need to wrap the CLARITY Act, which dealt with the SEC portion of jurisdiction, with the Agriculture Committee’s product, fold that in with ethics.” She said the combined package then needs 60 votes for cloture.

Prediction Markets and the August Deadline

After the Banking Committee’s bipartisan 15-9 vote on May 14, the Kalshi contract for the bill passing before 2027 climbed to roughly 75%. By late May, that same contract had fallen to 49%. Key readings as of early June:

  • 49%: Kalshi contract for CLARITY Act passing before 2027, down from roughly 75% in mid-May
  • 61%: Polymarket contract for passage in 2026
  • 70%: Galaxy Digital head of research Alex Thorn’s estimated passage odds
  • 37%: Kalshi contract for passage before the August 2026 recess

The White House has said it wants the bill finished by July 4. Gillibrand has given the first week of August as a more realistic target. The Senate’s August recess is the hard backstop: any bill not cleared by then faces a post-recess calendar consumed by 2026 midterm politics. The House passed its own version of the bill 294-134 last July, so a final law also requires conference reconciliation between the two chambers after Senate passage.

The bill needs the Agriculture Committee merger, an ethics compromise, and seven more Democratic votes before Majority Leader John Thune can schedule a cloture vote. All three remain unresolved as of June 4.

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Zcash Patched a Double-Spend Bug as ZEC Climbed 5%

The Zcash Foundation patched a critical ZK proof bug in its Orchard pool in five days before any exploitation. ZEC rose 5% while Bitcoin fell to $66,650.

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ZEC, Zcash’s native token, rose more than 5% on June 3 as miners and exchanges completed the adoption of Zebra 5.0.0, the software release that closed a critical soundness vulnerability in the Orchard shielded pool. The Zcash Foundation confirmed no exploitation occurred, total ZEC supply stayed intact throughout, and the coordinated response from discovery to full resolution took five days.

Grayscale Investments had filed a Form S-3 with the Securities and Exchange Commission (SEC) on May 12 to convert its Zcash Trust into a spot exchange-traded fund (ETF), the first such application for any privacy-focused cryptocurrency. That application was still pending when independent security researcher Taylor Hornby found the bug on May 29. Bitcoin traded at roughly $66,650 on June 3, off an intraweek high near $75,850, and most large-cap crypto declined alongside it.

The Five-Day Timeline Before the Patch Went Public

Hornby was conducting an ongoing protocol audit on behalf of Shielded Labs, a Zcash ecosystem development organization, when he discovered the flaw on the evening of May 29. He disclosed it that same night to the Zcash Open Development Lab (ZODL, the organization responsible for core Zcash protocol development). Engineers Daira-Emma Hopwood, Kris Nuttycombe, and Jack Grigg confirmed the issue within hours and began evaluating fixes.

Private coordination with miners and exchanges did not begin until May 31, two days after the initial disclosure to ZODL. The Foundation later explained why it held off on a direct patch: publishing a circuit fix would have shown anyone reading the updated code exactly where the vulnerability sat, before the network had time to protect itself. Disabling Orchard entirely was the safer first step, buying engineers time to prepare the actual circuit repair with minimal exposure to attackers.

  1. An initial soft-fork coordination attempt ran into deployment challenges, pushing the activation target to a second patch targeting a later block.
  2. Zebra 4.5.3 activated an emergency soft fork at mainnet block height 3,363,426 at approximately 02:00 UTC on June 2, immediately rejecting all Orchard-containing transactions and blocks from that point forward.
  3. Zebra 5.0.0 activated the NU6.2 hard fork at block height 3,364,600 at 00:05 EDT on June 3, re-enabling Orchard with the corrected circuit and a new per-circuit verifying key. The hard fork arrived roughly ten hours later than initial estimates had suggested.

The Foundation published the full technical disclosure on June 3, classifying the vulnerability under advisory identifier GHSA-jfw5-j458-pfv6 as critical severity.

What Broke Inside Orchard’s Proof Circuit

The Orchard shielded pool arrived with the NU5 network upgrade in May 2022. Built on the Halo 2 proving system, it was the first Zcash pool to eliminate the trusted setup requirement that had constrained its predecessors, Sprout and Sapling, and drawn longstanding criticism from cryptographers who viewed those trusted ceremonies as a structural risk.

The flaw sat inside the halo2_gadgets crate, a Rust-language library that provides reusable components for constructing zero-knowledge (ZK, a cryptographic method for proving a statement true without disclosing the underlying data) proof circuits. In any ZK system, soundness is the guarantee that a verifier only accepts a proof for a statement that is genuinely valid. A circuit with a soundness flaw can be coerced into accepting a proof it should reject, because the constraint system contains a gap that an attacker can exploit without the verifier noticing.

In Orchard’s case, the flaw could have allowed the pool to accept invalid state transitions, opening a potential double-spend path within the pool. Total supply inflation beyond the pool itself was not possible: Zcash’s turnstile mechanism tracks the ZEC balance across all value pools including Sprout, Sapling, Orchard, the transparent layer, and the lockbox, and enforces hard limits on how much value can cross between them. The turnstile confirmed the supply cap remained intact throughout the incident.

  • ~30% of ZEC’s circulating supply held in shielded pools at the time the patch went live
  • More than 4 million ZEC held in the Orchard pool specifically, the majority of all shielded funds
  • Zero instances of confirmed unauthorized value creation, per the Foundation’s post-incident analysis

Disable First, Then Re-Enable With a Corrected Key

Zebra 4.5.3’s soft fork sidestepped the disclosure problem: nodes running the updated software rejected Orchard-containing transactions, but did not penalize peers still relaying them, which kept the network connected during the upgrade window while preventing the flawed circuit from processing any new transactions. Sapling shielded transactions and transparent transactions continued operating normally while Orchard was suspended.

Fixing the circuit itself required a new pinned verifying key, the public parameter each node uses to confirm a proof is valid. Changing the verifying key is a consensus rule change, which is why Zebra 5.0.0 shipped as a hard fork rather than a routine software update. The Zebra 5.0.0 release notes on GitHub confirm that NU6.2 added a consensus rule rejecting Orchard bundles with non-canonical proof sizes from the activation height, permanently closing the gap.

Release Mechanism Activation Block Outcome
Zebra 4.5.3 Emergency soft fork 3,363,426 Disabled all Orchard transactions while circuit fix was prepared in private
Zebra 5.0.0 NU6.2 hard fork 3,364,600 Re-enabled Orchard with corrected circuit and new verifying key

Block explorer delays of up to four hours after the hard fork prompted social media posts claiming the Zcash network was down. Mining pools had been producing valid blocks under the new rules throughout; block explorers still connected to nodes running older software displayed stale data, which is where the reports originated. A ZODL contributor described the episode as a brief period of instability as miners converged on the new consensus rules. By midday on June 3, most had synced up.

Zcash’s Second Security Emergency in a Decade

The Foundation described NU6.2 as the second security-driven protocol upgrade in the network’s history since its 2016 launch. The first arrived in February 2019, when the Electric Coin Company (ECC, Zcash’s original protocol development firm) disclosed a counterfeiting-capable flaw in the BCTV14 zk-SNARK construction used by the original Sprout pool. ECC said at the time it believed no exploitation had occurred in that instance either.

The 2026 Orchard bug fits a documented pattern in ZK circuit security. Research firm Kudelski Security found that more than 80% of findings in ZK audit reports trace back to the circuit layer, where improperly constrained gates allow a verifier to accept proofs it should refuse. Halo 2 specifically has a history of separate disclosures: ZK Security previously identified a query collision bug in widely used Halo 2 implementations, including Zcash’s; Trail of Bits documented soundness and under-constrained bugs in Axiom’s Halo 2 circuits during a 2025 audit. In both those external cases, the flaws resolved without exploitation in production, and in each the vulnerable code had been running for months before an audit surfaced the issue.

This upgrade succeeded because the necessary pieces were already in place: ongoing security review by independent researchers, established responsible disclosure procedures, experienced protocol engineers, and a network of independent participants who acted quickly when required.

The Zcash Foundation posted those lines in its official June 3 disclosure, with specific thanks to Hornby, Shielded Labs, ZODL engineers Hopwood, Nuttycombe, and Grigg, and Arya Solhi of the Zcash Foundation, who developed the Zebra patches that carried the network through the upgrade.

The Institutional Bet Now Watching the Network

ZEC had already moved sharply before the bug surfaced. From around $220 in early 2026, the token climbed to a May high near $642, a gain of over 190%, shaped by a sequence of institutional developments that had repositioned Zcash from regulatory liability to institutional candidate:

  • The SEC closed its multi-year Zcash Foundation investigation on January 15, 2026 with no enforcement action. The SEC’s closure of its Zcash probe removed the regulatory overhang that had kept privacy assets outside most regulated investment vehicles for years.
  • Grayscale Investments filed Form S-3 on May 12 to convert its Zcash Trust into a spot ETF for NYSE Arca under the ticker ZCSH. The Trust held 391,103 ZEC worth roughly $99.4 million as of March 31, 2026, with Coinbase Custody securing the underlying tokens in transparent addresses.
  • Multicoin Capital co-founder Tushar Jain disclosed in early May that the firm had been accumulating ZEC since February 2026.
  • On June 3, Bankless co-founder David Hoffman disclosed he had exited his Ethereum position and shifted a portion of the proceeds into ZEC.

By June 3, ZEC’s market capitalization sat near $9.9 billion, around 13th by total value, and the token ranged between $560 and $638 during the session. The custody structure for the proposed ZCSH ETF uses transparent Coinbase Custody addresses rather than shielded pools, a structural consideration that matters because roughly 30% of circulating ZEC currently sits in shielded pools that standard custodial audits cannot directly read.

The Upgrade Window Closes for Stragglers

Node operators who followed an incorrect chain fork after NU6.2’s activation at block 3,364,600 need to resync from scratch, or restore from a state backup taken before that height. The Foundation has confirmed that no older Zebra release will follow the correct post-NU6.2 chain.

Cake Wallet, which added Orchard-default shielded Zcash support in January 2026, froze ZEC functionality during the upgrade window. Mert Mumtaz, chief executive of blockchain infrastructure firm Helius, said on June 3 that the network remained operational and attributed the reported outage to block explorers connected to outdated nodes.

Beyond the straggler cleanup, ZODL has set a 12-to-18-month roadmap from May 2026 for full post-quantum security, targeting the elliptic curve components that Shor’s algorithm could break on a sufficiently powerful quantum computer. The next protocol milestone before that goal is FCMP++ (Full-Chain Membership Proofs++, a Zcash upgrade targeting transaction throughput and privacy composability). Both items will be evaluated by the same institutional audience now weighing the ZCSH ETF application.

By the Foundation’s own accounting, NU6.2 is the second time a critical security flaw forced an emergency protocol change in Zcash’s ten-year history. No ZEC was lost in either instance.

Disclaimer: This article is for informational purposes only and does not constitute investment advice. ZEC prices cited reflect market data from June 3-4, 2026 and will differ from current values. Readers should consult a qualified financial professional before making any decisions involving cryptocurrency assets.

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