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In a statement, Kalshi spokesperson Dani Lever said the platform is “an open, nationwide, financial exchange” that “cannot be regulated by 50 different regulators”, per CDC Gaming.
“Both the Third Circuit and the District of New Jersey side with Kalshi, because the CFTC’s exclusive jurisdiction prompt state law,” Lever said, adding that “nothing in New Jersey’s filing” changes that view.
Each Supreme Court term begins on the first Monday in October and runs through late June or early July. The court typically receives about 7,000-8,000 writ petitions and grants about 80, or 1%, each term. Four of the nine sitting justices must vote to accept a case. Five current justices – Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch and Sonia Sotomayor – were on the bench in 2018 for the PASPA case.
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However, the latest filing does not create such a system right away. Its OIRA entry describes the action as a preliminary measure and says it is not economically significant under the relevant review criteria. No legal deadline has been listed for review either.
It could, therefore, take quite a bit longer than the timing of the initial filing indicates. The CFTC would have to publish its action and solicit public comment after White House review before writing a formal proposed rule. Any final rule would have to undergo another review and comment period before it could take effect.
The distinction matters for crypto businesses. The filing shows regulatory work is moving forward, but exchanges and other market participants cannot yet consider it a set of rules they must adhere to.
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“So illegal operators undermine licensed businesses that invest in compliance, contribute to taxes and operate under regulatory oversight. We are where we are because of illegal operators. Oftentimes, licensed operators have licence conditions that they need to abide with.”
Kesitilwe highlights a recent study by Gaming Compliance International that estimated around 77% of Africa’s gambling market is offshore.
He believes the success of Africa Safer Gambling Week will largely be assessed on whether that channelisation improves by the next edition.