Does the CLARITY Act Stall Give Other Markets the Regulatory Advantage?

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On September 15, 2026, the Senate's cloture vote on the CLARITY Act failed 49-50. It answered one question: the bill won’t advance on that vote. 

But it left more questions unanswered. 

Who gets to write the rules for the next generation of global financial markets? Will CLARITY return after the midterms? Can the SEC and CFTC fill the gap?

The questions extend well beyond cryptocurrency. 

If the rules governing digital markets have to work across borders, US policymakers can either help shape how those rules fit together or respond to frameworks that have already developed elsewhere.

A country doesn’t have to write every international rule to influence the system.

It has to be present when the system is being designed. A country doesn't have to write every international rule to influence the system. It has to be present when the system is being designed.

"Yesterday's vote is a setback for a comprehensive legislative settlement, but it should not become a pause button for US engagement," said Steven McWhirter, Global Policy Lead at Binance, on September 16. "Other major markets are continuing to build digital-asset frameworks, and the United States has too much at stake in innovation, capital formation and global standard-setting to stand still."

A Contest USA Knows Well

The US is not new to being at the table for major events. 

In 1944, delegates from 44 countries met at Bretton Woods, New Hampshire, to design the postwar monetary order. The system they built pegged currencies to the Dollar and the Dollar to gold. It also created the IMF and the World Bank, with the United States getting the largest voting share in the IMF.

Over time, dollar clearing made US banks and US law the base of global trade. 

The internet followed a similar trend. Its core protocols came out of research funded by the US, and its address system was managed under a US government contract for about two decades. 

In short, the country writing the rules gained influence over how the system evolves. That’s something that could happen with the regulations for the global digital markets as well.

It’s Important to Show Up

The above examples need closer observation. 

Bretton Woods didn’t create American power. Instead, it just codified the power that the US already wielded. The US economy was intact at the end of the war, while the others lay in ruins. The rules followed that leverage. 

That said, the Dollar’s convertibility to gold didn’t last. It ended in 1971, but the Dollar still retained its status as the reserve currency. 

Likewise, the US gave up oversight of the internet address system in 2016 to the global internet community, but its influence is still visible through the companies, engineers, and standards it set. 

So, while the situations keep evolving, showing up can help you maintain your position. 

Why Remain Involved in Rule Writing?

Digital markets stand at a point similar to Bretton Woods and the internet. 

They’re used all over the world, involve multiple exchanges and types of digital assets. However, they lack standard regulation. 

A country that writes the rules usually shapes which products are considered legal, which institutions qualify, and where data and capital can flow. Its firms don’t have to adapt to someone else’s framework, as the framework already fits them. 

More importantly, it gives regulators reach beyond their borders. 

GDPR is a clear example of that. When it took effect in 2018, it impacted companies worldwide. They had to rewrite their privacy policies to comply with the rules. The US didn’t choose that outcome, but it didn’t offer an alternative to it either. 

The Rulebooks Being Written Now

While the CLARITY Act has stalled, other nations are still building their regulations. 

The EU’s MiCA regime closed its transitional window on July 1, 2026, and locked its licensing framework in place. The UK’s regime opened for authorization applications on September 30, 2026, and its perimeter goes live in October 2027. 

Singapore and Hong Kong already have their licensing regimes for digital asset firms. 

The US isn’t completely absent though. Its GENIUS Act became law in 2025 and is being implemented by the regulators. SEC and CFTC are also writing cryptocurrency rules. 

"I would not reduce the next phase to the fate of one bill," McWhirter says. "Congress has already shown through GENIUS that it can put durable legislation around an important part of digital finance. The challenge now is to preserve that momentum, use the regulatory tools available, and keep working towards the broader market-structure framework the US will ultimately need." 

But even the SEC Chairman Paul Atkins says that the rules alone aren’t enough without a law underpinning them. 

The other markets are, however, building on theirs. 

The Question Remains

For firms, users, and exchanges that operate in the digital assets space, the changing regulations bring in more challenges. 

But none of those developments answers the larger strategic question. 

What role does the United States want to play in defining the rules for global digital markets?

The answer could mean helping establish standards to let different regulatory systems interact. It could also be a framework to shape how digital assets fit into existing financial markets. 

Or it could be adapting to the frameworks built by other jurisdictions. 

The choice comes down to participating in the design of what comes next, with or without the bill. 

The vote only deferred answering that question.

Architecture tends to be written by whoever is in the room while it's being built. The US has been in that room before, and it shaped the century that followed. 

Whether it takes a seat this time is still open. But not choosing to sit is also a choice.

This article was written by IL Contributors at investinglive.com.

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