CFTC Gets Mixed Responses to Prediction Market Rulemaking

The US Commodity Futures Trading Commission received more than 1,500 responses to a proposed rule tied to prediction markets, with some backing the regulator while others called for a tougher crackdown on the platforms.

The CFTCโ€™s request for public comments on a rule it proposed in March that would allow it to amend or issue new regulations for event contracts on prediction markets ended on Thursday, drawing responses from prediction markets, crypto firms and consumer advocacy groups.

Kalshi co-founder and chief operating officer Luana Lopes Lara backed the CFTC in a letter on Thursday, saying its existing regulations were โ€œwell-designed and effective,โ€ urging it to give guidance to ensure โ€œthat the universe of event contracts can continue to be listed, traded, and overseen by the Commission.โ€

The CFTCโ€™s proposed rule comes as it looks to cement its authority over prediction markets, which have faced legal challenges from multiple US states that accuse the platforms of offering unlicensed sports gambling.

Kalshi, Polymarket and Coinbase are among the companies that have been sued over their sports prediction market offerings and have argued they are under the CFTCโ€™s sole authority, a position the regulator has backed by suing at least five state governments that took legal action against prediction markets.

Polymarket US CEO Justin Hertzberg applauded CFTC Chair Mike Selig in his letter for โ€œasserting the CFTCโ€™s longstanding exclusive jurisdiction over prediction markets,โ€ adding the company believes the regulator โ€œshould continue to exercise its exclusive jurisdiction over prediction markets.โ€

Mike Selig, pictured on a podcast in March, has threatened to sue any state that takes action against prediction markets. Source: YouTube

Venture capital firm Andreessen Horowitz also supported the CFTC, arguing in its letter that โ€œstate actions to regulate or ban prediction markets impose a serious barrier to impartial access,โ€ a key rule for CFTC-regulated firms.

Meanwhile, gambling regulators in Tennessee, Missouri and Pennsylvania, among others, blasted the CFTC over its defense of sports event contracts, urging the regulator to drop its support.

Pennsylvania Gaming Control Board Executive Director Kevin Oโ€™Toole said the CFTC was allowing prediction markets โ€œto masquerade as unregulated sportsbooks,โ€ while Tennessee Sports Wagering Council Executive Director Mary Beth Thomas said the council disputes โ€œthat sports event contracts offered on prediction markets fall within the jurisdiction of the CFTC at all.โ€

Related: Polymarket pushes for broader US relaunch with CFTC talks: Report

Missouri Gaming Commission executive director Michael Leara said that Congress โ€œdid not intend futures markets to encompass gambling activities,โ€ and urged the CFTC to โ€œproperly reserve jurisdiction over sports event contracts for the states.โ€ย 

Prediction markets have also come under scrutiny from some federal lawmakers, who are concerned about the platformsโ€™ offering markets tied to geopolitical events and their possible use by those with insider knowledge after well-timed bets on the Iran war.

Dennis Kelleher, the CEO and co-founder of the consumer advocacy group Better Markets, and 12 other consumer groups, told the CFTC in a joint letter that it should โ€œprohibit event contracts that involve elections or geopolitical events,โ€ arguing such contracts could influence government actions.

Kalshi and Polymarket said last week, after the US Senate passed a ban on its members and staff using prediction markets, that they have cracked down on insider trading and ban or prohibit some users, such as politicians, from using their platforms.

Magazine: Should users be allowed to bet on war and death in prediction markets?

Cointelegraph is committed to independent, transparent journalism. This news article is produced in accordance with Cointelegraphโ€™s Editorial Policy and aims to provide accurate and timely information. Readers are encouraged to verify information independently.

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