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The new provisions of the CLARITY Act have been criticized for "lacking clear regulatory certainty," repeating the mistakes of the old SEC era.
On June 10, crypto journalist Eleanor Terrett revealed that before the U.S. House of Representatives Financial Services Committee and the Agriculture Committee marked the CLARITY Act ("Digital Asset Markets Clarification Act") today, industry insiders expressed concern about a new provision in the revised text, describing it as a "Gensler-era provision". The amendment removes the exemption for previously issued tokens and instead gives the SEC broad powers to determine on a case-by-case basis whether each token qualifies as a security. Critics say the practice reintroduces the uncertainty that the bill is supposed to address. The Gensler era refers to Gary Gensler's regulatory approach to the cryptocurrency industry during his tenure as chairman of the SEC (April 2021 to January 20, 2025). During the Gensler era, the SEC was known for its strategy of strict enforcement and regulation through enforcement, rather than providing a clear regulatory framework.