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Ross Gerber Says Bitcoin Miners Have Defected to AI — And CLARITY Act Not Passing Is 'Another Fail' for the Largest Crypto

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Veteran investor Ross Gerber criticized the Senate's failure to advance the CLARITY Act as a setback for Bitcoin. He argued that miners are shifting capacity to AI data centers, citing Bernstein analysts who note mining revenue may drop significantly by 2026 as companies like MARA and Riot Platforms pivot to AI infrastructure. Despite legislative hurdles, Gerber remains bullish on Bitcoin, planning to increase holdings after the next halving in April 2028.

Veteran investor Ross Gerber said on Tuesday that the Senate’s failure to advance the CLARITY Act means another setback for Bitcoin (CRYPTO: BTC).

Will Bitcoin Be Impacted?

The key piece of cryptocurrency legislation fell short of the 60 votes needed to advance, as key Democratic negotiators who spent months on the bill voted “No.”

Gerber reacted to the failure, saying, “No Clarity. Another fail for Bitcoin. I think all the miners became AI data centers…”

He took a swipe at Bitcoin mining companies, suggesting they would redirect their capacity to AI compute rather than pure-play BTC mining. This wasn’t the first time he’d made that argument.

No Clarity. Another fail for Bitcoin. I think all the miners became AI data centers… https://t.co/dVDYkftdWd

— Ross Gerber (@GerberKawasaki) September 15, 2026

Will Regulators Fill the Legislative Gap?

The Clarity Act sought to establish a federal framework distinguishing digital commodities—subject to CFTC oversight—from securities under SEC jurisdiction.

Notably, the SEC clarified last year that proof-of-work mining activities do not fall under federal securities laws. Bitcoin, as we all know, is the world’s largest proof-of-work blockchain, relying on computational resources to validate transactions.

The SEC also issued an interpretation stating that "most cryptocurrency assets," including non-fungible tokens and dollar-backed stablecoins, aren’t securities. 

Read Also: Robinhood Employees Charged For Allegedly Using 'Confidential Business Information' to Trade Crypto Futures

Bitcoin Mining Vs. AI

Bernstein analysts have argued that Bitcoin miners have become embedded in AI infrastructure development, collectively controlling more than 27 gigawatts of planned power capacity.

A CoinShares report noted that mining revenue is projected to plummet from around 85% of total revenue in early 2025 to less than 20% by the end of 2026 for companies that have secured AI contracts.

Several Bitcoin miners, including MARA Holdings Inc. (NASDAQ: MARA), Core Scientific Inc. (NASDAQ:CORZ) and Riot Platforms (NASDAQ: RIOT), have started to provide infrastructure for AI use cases.

As for Gerber, he continues to HODL and has no plans to sell his Bitcoin. He told Benzinga that he would start buying more once the next halving—scheduled for April 2028—comes around

Price Action: At the time of writing, BTC was exchanging hands at $75,816, down 2.50% in the last 24 hours, according to data from Benzinga Pro.

Read Also: Democrats Reject GOP's 'Final' Offer as Bessent Says CLARITY Act Fights 'Evasion'

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