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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 launch of Prediction.com comes amid a strategic integration phase following Genius Sports’ acquisition of Legend.
It coincided with the beginning of the NFL season in the US, viewed as a peak commercial period for sports data monetisation. Genius also maintains partnerships with DraftKings and FanDuel, both of which signed extensions to remain as NFL partners ahead of this season.
Citizens gaming analyst Jordan Bender wrote in a 16 Sept. note that with the NFL season now under way: “Genius should benefit from increased spending across both traditional sports betting and the emerging prediction market industry.”
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“They’re different costumes on gambling,” he said. “Some have high heels and a tiara and others have on miniskirts or a bikini.”
Asked by Hall on how Texas should proceed moving forward, York advised that the state should seek an order that would require prediction markets to geofence their platforms from operating statewide. York also prefers the pursuit of litigation against prediction markets in state court, rather than the federal circuit, where state attorney generals have been less successful.
“Prediction markets think they can mess with Texas,” York said. “I hope you prove them wrong.”
