Danger High Voltage

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“Prediction markets think they can mess with Texas,” York said. “I hope you prove them wrong.”

In response, DeNault noted that prediction markets regulated on the federal level by the CFTC offer a “safer alternative” than many offshore operators that lack the requisite consumer protections.

“You can go the combative route and ban something that’s federally regulated,” he said. “But what you’ll end up with is a bunch of customers in Texas just going offshore.”

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During his media availability Friday, Kubiak repeatedly stressed that the NFL season consists of “17 desperate games in a row.”

“We have this one game in front of our face, and we’re focused on that,” Kubiak said.

When asked about the Chargers—one of several teams, alongside the Dallas Cowboys and Denver Broncos, seeking to bounce back from a Week 1 upset to avoid an 0-2 start—Kubiak brushed off the narrative during his brief news conference.

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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. 

For now, the important news is that the CFTC has officially started the administrative process. Only once the rulemaking progresses and the underlying proposal is available for public review will the extent of its eventual crypto framework become clear.