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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.
About Vicky Ventura
Prediction markets aside, the absence of crypto on a federal level may have some drag on the regulated industry, especially in the iGaming and sports betting space.
Younger patrons are increasingly familiar with crypto, but the lack of regulatory adoption in the regulated space can push bettors to offshore or unlicensed platforms, most of which do accept it. At the ICE Barcelona conference in 2025, a panel of international sports betting CEOs lamented the fact that they were barred from adopting crypto, while their black-market competitors were not.
A report released in June by payment provider Paysafe said the percentage of online sports bettors who dabble in crypto is 64%, more than double the US average of 30%. Crypto deposits are only legal in two states, Wyoming and Colorado, but crypto withdrawals are not legal anywhere – 85% of respondents said they would welcome withdrawals as an option, Paysafe said.
About Vicky Ventura
The remote gaming duty hike from 21% to 40% in April is also expected to have a significant impact on the black market, with Regulus estimating it could drive the market to be worth up to €1 billion, as consumers choose illegal offerings to access unrestricted bonuses.
Other studies have made similar estimations. In June last year two thirds of bettors surveyed by YouGov said the tax increase, which will also hit online sports betting from next year, would drive them to play with unlicensed operators.
The UK has historically maintained a high channelisation rate due to it being particuarly mature with a huge competitive offering. According to the report, up to 1,491 licensed sites provides sufficient choice for engaged players.