The new provisions of the CLARITY Act are criticized for "failing to provide regulatory certainty," repeating the missteps of the old SEC era.

BlockBeats News, on June 10, according to disclosures by crypto journalist Eleanor Terrett, the U.S. House Financial Services Committee and Agriculture Committee conducted a markup session today on the CLARITY Act (the "Digital Asset Market Clarity Act"). Industry insiders have raised concerns over a new provision in the revised text, describing it as the "Gensler-era clause." This revision removes exemptions for previously issued tokens and instead grants the SEC broad powers to determine, on a case-by-case basis, whether each token qualifies as a security. Critics argue that this approach reintroduces the very uncertainty the bill was meant to address.

The "Gensler era" refers to the regulatory approach taken during Gary Gensler's tenure as SEC Chair (from April 2021 to January 20, 2025). Under Gensler, the SEC became known for strict enforcement and a strategy of regulating through enforcement actions rather than providing a clear regulatory framework.