The CFTC unveiled a new set of proposed rules Wednesday that would govern the emerging prediction market sector—including provisions that would outlaw numerous types of controversial markets that have proliferated on popular platforms like Polymarket and Kalshi.
Those sorts of markets, which have attracted plenty of controversy and hundreds of millions of dollars in trading volume, would be barred under the CFTC’s new rules—unless they specified that the markets would only resolve to yes in non-violent cases of “electoral defeat, resignation, constitutional removal, negotiated departure, or natural death.”
Representatives for Polymarket and Kalshi did not immediately respond to Decrypt’s requests for comment.
The proposed prediction market rules from the CFTC, laid out in a sprawling 267-page document, would also limit certain types of sports-related markets deemed susceptible to manipulation and contrary to the public interest. Those include wagers on individual player injuries, calls made by referees, discrete player actions like specific types of plays or fouls, and physical altercations between players.
Broadly, however, the CFTC has taken the view that prediction markets on sports outcomes are permissible and consistent with existing law on event contracts.
“The Commission preliminarily believes that the record supports the conclusion that event contracts involving aggregate outcomes can be operated consistent with the public interest,” the proposed rulemaking reads.
That position has attracted enormous pushback from red and blue states alike, which have argued in a suite of ongoing federal lawsuits that sports-related prediction markets are just unregulated betting by another name, and should be regulated at the state level. The issue is likely to ultimately be resolved by the U.S. Supreme Court.
The CFTC’s proposed prediction market rules now enter a 45-day comment period in which anyone can share their thoughts on the proposal with the agency directly.
