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Crypto Regulation

Emmer Warns BRCA Amendment Drops Criminal Liability Safe Harbor

US House Republican Whip Tom Emmer said he is concerned that amendments to the Blockchain Regulatory Certainty Act would remove a safe harbor from criminal liability, speaking to Kristin Smith at the Solana Institute summit. “I don’t like the fact that you’ve essentially given up the criminal liability safe harbor,” Emmer said, adding he worries local district attorneys would weaponize it more. Emmer, the BRCA’s original sponsor, first introduced the bill in the House in 2018.

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AI take

Emmer's objection matters because it comes from the bill's original sponsor, signaling that the legislative vehicle may be moving away from the liability protections its author intended. The shift would affect developers and node operators who rely on a criminal-liability safe harbor, potentially exposing them to prosecution by local district attorneys — a dynamic Emmer warns could be weaponized. Whether the amendment survives and whether Emmer's stance alters the bill's trajectory are the open questions worth watching.

Generated by AI for reference only.

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