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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. 

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. 

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“The Democrats are now anti-American – sad!” she said.

The rejection of the Clarity Act can be viewed as a victory for gaming stakeholders in their fight against prediction markets, which are closely intertwined with the crypto world. Crypto markets have long been the second-largest category of prediction market trading, behind sports, and many crypto exchanges also now offer predictions. These include Crypto.com, Coinbase, Gemini and many others.

On 16 June, a coalition of gaming lobby groups, state associations and labour unions sent a letter to the Senate urging lawmakers to include language in the bill banning sports and casino-related contracts. Among the signatories were the American Gaming Association, the Indian Gaming Association, the Association of Gaming Equipment Manufacturers and the UNITE HERE unions.

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Particularly concerning to Kesitilwe is the amount of gambling advertising in sports-related content.

“At a break or at half time you see 10 to 20 [gambling] adverts,” he says. “It’s come to a point that oftentimes I even hear my kids singing [gambling adverts]. They’ll just keep asking, ‘But Daddy, what is this? What does this mean?’

“Our position is unequivocal. Betting is an adult activity. Operators must maintain effective age verification, marketing must not target or appeal to children and regulators; parents, schools and communities must reinforce the same message.”