Sounds like the developer protections in the Blockchain Regulatory Clarity Act have been weakened in this most recent draft:

The revised language would still provide important protections for non-controlling blockchain developers under the Bank Secrecy Act (BSA), but it removes the BRCA’s explicit protection against criminal liability under 18 U.S.C. § 1960.

The revised BRCA makes substantial progress on the regulatory side. Section 10604(c) provides that a qualifying “non-controlling blockchain developer or provider” shall not be treated as (1) a “money transmitting business” under 31 U.S.C. § 5330, (2) a “money transmitter” under regulations from the Financial Crimes Enforcement Network (FinCEN), or (3) a specified “financial institution” under Title 31. It also protects covered software development, self-custody, and infrastructure activities against substantially similar registration requirements.

But the revised language stops short of resolving the essential criminal-law question that has led to the indictment of software developers and made the BRCA a vital provision.

Earlier BRCA language expressly protected qualifying non-controlling developers from being treated as engaged in “money transmitting” under 18 U.S.C. § 1960—the criminal statute prohibiting certain unlicensed money transmitting businesses. The revised BRCA removes that explicit protection.

I suppose it is always foolish to expect law makers to defend freedom, but it still is sad when they don't.