Clarity is dead (for now) – and open source developers are still at risk. As Bessent told Congress today, the Treasury had championed Clarity to prevent the evasion of KYC via digital assets, stating that the Department was in the process of rule making regarding illicit finance. Asked about the safe guarding of developers from being classified as intermediaries, Bessent failed to give Congress a clear statement. The Treasury had “received a lot of guidance on the issue,” he told Congress instead. Meanwhile, Michael Lewellen’s First Amendment suit for fearing prosecution over developing open source software remains pending. Tornado Cash developer Roman Storm is waiting for his retrial in April of next year for conspiracy charges to launder money and sanctions evasion for building a privacy protocol. Clarity would not have prevented any of this. The latest version, put before the Senate today, had already removed all criminal money transmission protections from the text.