The way games are built, monetized, and played is evolving and the U.S. is finally catching up. With landmark legislation like the CLARITY Act making its way through Congress, the federal government is beginning to define how digital assets, tokens, smart contracts, and decentralized technologies will be treated under U.S. law.
This isn’t just about finance. It’s about the future of digital economies, and few industries stand to benefit more than gaming.
To ensure the voice of our industry is heard, Xsolla has submitted a formal response to the U.S. Senate’s Request for Information. Our message is simple: legal clarity is essential for responsible innovation and the game industry is ready to lead.
How regulation impacts gaming’s next chapter
At the center of this conversation is one critical distinction: not all digital assets are securities. In gaming, tokens are often used to unlock content, personalize experiences, or grant access; not to generate investment returns. Today’s developers rely on blockchain tools to build functional, user-driven in-game economies that reward creativity and participation. Without updated laws, those developers face uncertainty, risk, and missed opportunities.
The CLARITY Act offers a path forward. By clarifying what constitutes a security versus a digital commodity, the bill would finally give developers the freedom to build without fear of enforcement overreach. It’s a chance to modernize U.S. law to reflect the real-world use cases already powering the next wave of gaming innovation.
What’s at stake for the gaming economy
The U.S. gaming sector has faced major headwinds over the past three years, including more than 35,000 job losses. Historically, downturns have spurred new waves of entrepreneurship, but today’s regulatory grey areas make it harder for new studios to fund, launch, or sustain themselves.
With the blockchain gaming market projected to exceed $300 billion globally by 2030, the U.S. has a lot to gain or lose. If Congress delivers clear, functional regulation, that growth could translate into new jobs, new studios, and new revenue streams here at home. If not, developers may continue migrating to more supportive jurisdictions abroad.
A new way to earn and build value
This isn’t just about studios and investors. It’s about everyday players, fans, and creators. Digital assets unlock a “third stream” of income distinct from wages or investment returns by enabling users to earn micro-royalties for their contributions. Whether it’s creating a popular mod, promoting a new release, or engaging with content over time, users can now participate in a product’s success in tangible, meaningful ways.
This turns loyalty into equity, creativity into compensation, and engagement into value creation. It’s a powerful shift, and one that’s especially important for smaller developers and independent creators who’ve historically had limited access to monetization or publishing channels.
What needs to change in U.S. law
In our submission to the Senate, Xsolla outlined several recommendations to strengthen the Clarity Act and ensure it meets the needs of the gaming community. That includes affirming that game-focused tokens are not securities, creating a safe harbor for smart contracts that split royalties among contributors, and excluding non-transferable governance tokens from securities classification.
We also support flexible compliance pathways for small studios, clear guidance on what decentralization means in practice, and statutory protection for peer-to-peer transfers and self-custody rights.
Why Xsolla is involved
At Xsolla, we’re not just advocating we’re building. Our new initiative, Xsolla ZK, is a Web3 technology built on the ZK Sync protocol. It’s designed to give developers the tools they need to launch secure, interoperable game assets and economies with full transparency and control.
But to do this responsibly, we and everyone else in the industry need modern, supportive laws. Laws that understand how tokens are being used in games today, and that protect both creators and consumers without stifling innovation.
The time to act is now
Congress has already taken an important first step by passing the CLARITY Act in the House. Now, the Senate has the opportunity to move forward and set the stage for a stronger, safer, and more dynamic digital asset economy.
This moment isn’t just a legal milestone, it’s a strategic one. It’s a chance to turn uncertainty into progress and transform how game developers, creators, and players contribute to and benefit from the digital worlds they help build.
At Xsolla, we’re ready to help shape that future.