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The distinction matters for crypto businesses. The filing shows regulatory work is moving forward, but exchanges and other market participants cannot yet consider it a set of rules they must adhere to.
The CFTC’s move also comes as other US regulators continue to craft their own crypto policies. The agency and the Securities and Exchange Commission (SEC) jointly issued an interpretation in March on how certain crypto assets would be treated under federal securities laws.
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.
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While such orders have become customary around the nation this year, Connecticut’s missive took it one step further. The department also issued nearly 30 subpoenas to licensed gaming service providers and a bevy of media outlets. Those issued subpoenas include ones served to PayPal, Sportradar Solutions and Plaid, a payment processing app that holds a gaming licence. Although those companies are not under investigation, the subpoenas appear to be the first against service providers that conduct business with prediction markets in some form.
– In the wake of a consequential ruling by the US Court of Appeals for the Ninth Circuit against Kalshi, two operators are taking separate paths in an effort to overturn the decision. On 28 August, the Ninth Circuit ruled in a 3-0 decision that sports event contracts do not qualify as federally regulated swaps under the Commodity Exchange Act. Earlier this week, Kalshi filed for an en banc re-hearing with the Ninth Circuit, this time before an 11-judge review. Robinhood, meanwhile, filed a petition of certiorari with the Supreme Court in a move to effectively bypass the Ninth Circuit. It is widely believed that a circuit split between the Ninth Circuit and a separate decision by the Third Circuit will prompt the Supreme Court to take up the case.
– Real App, a social sports app built around live play-by-play, named FanDuel as its first prediction market partner. The partnership brings FanDuel’s odds and contextual markets directly into the app’s live sports experience. Fanatics Sports & Casino is adding some upgrades to its Fair Play offering. Among the changes, Fanatics has added first-half injury protection for player props. The option proved to be valuable for fans in Wednesday’s opener when Seattle Seahawks quarterback Sam Darnold left the game after the team’s fifth offensive play.
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At a time when sports betting and predictions have reached a fever pitch, the majority of the country’s most prominent sports leagues, along with their player unions, sent a memo dated 15 September to a contingent of 35 state gaming authorities. Among proposed regulatory actions, the leagues recommend mandatory lifetime bans for individuals deemed to have “abusively harassed or issued threats of violence” against any professional athlete.
The leagues, including the National Basketball Association and the National Football League, submitted the memo as Texas Senator Ted Cruz works assiduously to pass a landmark federal framework for college athletics. While the NCAA is not a signatory to Tuesday’s letter, the advisory also urges states to pass mandatory bans for individuals who threaten “amateur athletes” along with coaches, officials and team personnel.
“Threatening the safety of an athlete or their family members over a sports bet crosses a bright ethical and criminal line, and it is entirely unacceptable,” the leagues wrote in the statement.
