Emmer Worries BRCA Amendment Could Reduce Criminal Liability Protections

House Republican Leader Tom Emmer has raised concerns that an amendment to the Blockchain Regulatory Certainty Act (BRCA) could remove criminal liability protections for non-custodial blockchain developers and service providers. According to Axios, Emmer expressed worry over the potential removal of these safeguards in the proposed amendment, though specific details about the amendment text or timing of his remarks were not disclosed in publicly available materials.

The BRCA, which is included in the broader Clarifying Virtual Currency Market Structure Act, aims to prevent developers and service providers who do not directly hold customer assets from being classified as money services businesses. Coin Center explained that criminal liability would still apply if funds are knowingly transferred with intent to support illegal activities, but non-custodial software developers would remain protected under current provisions.