A bunch of 23 Democratic US senators despatched a letter Friday to the highest federal regulator overseeing prediction markets, urging the company to keep away from weighing in on pending court docket circumstances over the legality of choices on the platforms tied to “sports activities, struggle, and different prohibited occasions.”
Prediction markets, which promote contracts tied to the result of real-world developments, have exploded in reputation over the previous 12 months, attracting an more and more mainstream fanbase desperate to wager on every part from geopolitical conflicts to trend selections to the Tremendous Bowl. As they expanded, the platforms have change into a magnet for moral and authorized controversies. On Thursday, for instance, Israeli authorities introduced that two individuals had been arrested on suspicion of utilizing labeled army data to place bets on Polymarket, one of many greatest gamers within the business.
The letter from the senators displays a rising divide over how Polymarket and opponents like Kalshi ought to be dealt with. The US authorities at present considers prediction markets to be by-product markets, which suggests they fall beneath the jurisdiction of the Commodity Futures Buying and selling Fee. However state authorities, who’ve emerged as a number of the business’s staunchest critics, are arguing the platforms ought to be topic to the identical native laws as playing merchandise.
There are a minimum of 19 ongoing federal lawsuits difficult Kalshi’s legality, based on an evaluation by Nationwide Public Radio. In a single case in Massachusetts, a choose banned the corporate from providing sports activities contracts after the state sued it for working with out a playing license. Polymarket then filed a counter lawsuit towards Massachusetts arguing that state regulators don’t have authority over its enterprise.
In his first public remarks about prediction markets since taking workplace in December, CFTC chairman Michael Selig advised that the company would possibly wade into the battles, noting that it has the “experience and accountability to defend its unique jurisdiction.”
Now, a cadre of senators led by California’s Adam Schiff are urging the CFTC to remain out of the state lawsuits. Their letter additionally asks the company to bar prediction markets from providing gaming contracts, in addition to contracts involving “struggle, terrorism, assassination, or different enumerated actions.” The signatories embrace Cory Booker, Amy Klobuchar, and Ron Wyden.
Taylor Foy, the pinnacle of public affairs on the CTFC, says the letter is a “gross mischaracterization” of Selig’s acknowledged positions on prediction markets. “Chairman Selig has stated clearly that, whereas advanced interpretive questions concerning the classification of sure merchandise could also be higher left to the courts to type out, he has all the time stood by the CFTC’s unique authority to manage {the marketplace} for these merchandise, because it has for greater than 20 years,” Foy stated in an emailed assertion to WIRED.
Throughout the Biden administration, the CFTC tried to place guardrails on some elements of prediction markets. In 2024, for instance, the impartial company proposed banning the sale of some forms of contracts, together with these involving sports activities and politics.
However beneath the Trump administration, the CFTC has taken a radically completely different strategy. After Selig took over in December, the CFTC rapidly withdrew the ban proposal and established a brand new advisory board that features the chief executives of all the biggest prediction market corporations. And when former New Jersey governor Chris Christie advised on social media this week that prediction markets are violating the regulation, Selig issued a terse response: “Robust disagree.”
Talking on Bloomberg’s Odd Tons podcast this week, Selig elaborated on his imaginative and prescient for regulating the business, rejecting the notion that prediction markets ought to be seen as equal to sports activities playing. “These are usually not wagers—you’re not betting towards the home,” he stated. “We’ve got important overlay from a regulatory standpoint over these markets. And so we’re not gatekeeping explicit classes of markets, elections, or sports activities by having completely different requirements.”
