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CFTC advances DeFi and prediction market rules

Published 551 words 3 min read

TLDR

The CFTC is launching formal rulemaking to regulate DeFi and prediction markets instead of relying on case?by?case enforcement.

  1. The agency is withdrawing prior event?contract bans and starting a new rulebook for prediction markets under federal derivatives law.
  2. It plans to spell out when DeFi software developers and platforms must register and to update rules for leveraged and perpetual crypto trading.
  3. Expect a trade?off: clearer paths to operate in the US, but with much stricter surveillance, KYC and potential conflict with state gambling regulators.

Deep Dive

1. What The CFTC Is Changing

CFTC Chair Michael Selig has ordered staff to withdraw a 2024 proposal that effectively banned many political and sports event contracts and a later staff advisory, and to replace them with a unified rulemaking for prediction markets under the Commodity Exchange Act, as reported by crypto.news.

In parallel, Selig says the CFTC will issue guidance and begin formal rulemaking on how prediction markets (event contracts) can list and trade products, asserting federal jurisdiction and seeking public comment on what is permitted under derivatives law, according to CoinDesks policy coverage.

He is also moving the agency away from rule by enforcement and toward formal rules, saying the CFTC should focus enforcement on fraud and manipulation rather than deciding what people are allowed to trade, per Finance Magnates.

2. Why It Matters For DeFi And Prediction Markets

For on?chain and centralized prediction markets like Polymarket and Kalshi, this opens the door to operating under a derivatives?style regime rather than a de facto ban, but with heavy obligations on surveillance, insider?trading controls and KYC/AML, as outlined in crypto.news analysis.

For DeFi, Selig says the CFTC will address head?on when software providers trigger registration, clarifying if and when non?custodial frontends, smart contract teams or DAO operators are treated as regulated intermediaries, according to CoinDesk.

At the same time, the CFTC wants to update actual delivery and leverage rules for crypto spot, and to bring crypto perpetual futures onshore with clear standards, which could shift derivatives liquidity from offshore venues into US?regulated markets.

What this means

Builders may get clearer rules to operate in the US, but business models that currently avoid licensing by pushing everything into just code are squarely in regulators sights.

3. FederalState Fights And What To Watch Next

Selig is claiming exclusive jurisdiction over prediction markets, but state regulators and courts do not all agree. An Ohio federal court recently refused to treat Kalshis sports contracts as purely under CFTC authority, reinforcing state gambling laws, as noted by Cointelegraph.

Multiple states, including Nevada and Massachusetts, are continuing actions against event?contract platforms even as Selig publicly praises blockchain prediction markets as truth machines and directs staff to draft clearer event?contract rules, per Cointelegraphs conference report.

Next milestones to watch are: the CFTCs proposed rule text on event contracts, any guidance naming when DeFi frontends or DAOs must register, and how courts resolve the federal versus state tug?of?war on prediction markets.

Conclusion

The CFTC is pivoting from ad hoc crackdowns to a structured rulebook for DeFi and prediction markets, aiming to bring them into the US regulatory perimeter. For crypto users and builders, that likely means more legal clarity but also heavier registration, surveillance and statefederal friction, especially around politically sensitive or sports?linked markets.

Educational information only. Crypto markets are volatile and this is not financial advice.


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