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A lot of bigger questions remain without the CLARITY Act. The bill aimed to establish a federal framework for digital commodities and delineate the roles of the SEC and the CFTC.
Its failure also leaves unresolved disputes over prediction markets and state and tribal gaming authorities, outside a comprehensive congressional framework. Those issues took on new significance during Senate floor debate over the bill, as concerns about federal commodities oversight extended to markets typically regulated at the state or tribal level.
The latest filing is an early step in filling some of that regulatory gap for the CFTC. The agency can issue regulations under its current statutory authority, but those regulations would not necessarily be as permanent as legislation passed by Congress.
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The policies in question do not mention the practice of responsible gaming and do not detail other legal and regulatory obligations. They also do not specify the resources used to validate certifications, monitor licences and content, identify irregular practices and operators, or apply moderation measures.
The absence of governance policies aligned with current regulations and Instagram’s algorithmic recommendations reveals not only an ecosystem that fuels gambling as an alternative to work, but above all, points to a systemic risk in which Meta is a major player. This risk can only be effectively addressed by expanding the obligations of digital platforms.
In this sense, it is necessary to expand the regulatory norms of the SPA and the National Data Protection Agency, beyond transparency reports and the mandatory removal after notification of official administrative decisions, but also with the mandatory inclusion of social and technological resources for monitoring, identifying and moderating this ecosystem.
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While sports event contracts are currently the tentpole category for the prediction market industry, data indicate bettors and traders are embracing other categories.
Fullstory points out that while 62% of consumers have dabbled in sports event contracts, 42% traded economic or financial derivatives on a prediction market while a comparable percentage transacted in an election or political event contract. More than a quarter traded at least one entertainment or pop culture derivative.
That widening breadth is vital for the industry at a time when some analysts estimate volume could jump to $10 trillion by 2035 – a projection that is largely rooted in other categories surpassing sports for the top spot.
