Greg Lloyd
Greg Lloyd boosted
ProPublica
ProPublica boosted
Finally, there’s the question of whether the CFTC is equipped to handle these surging markets, and the demographic they attract. Unlike state gambling commissions, the CFTC’s primary focus is on fraud and market integrity, not addiction or financial harm to amateur traders. Will it need to expand its mandate to address these consumer protection issues, or will some other regulator need to step in? Cristea says there isn’t a clear right answer. “Maybe there does need to be some sort of retail protection in there.”

Stark offers a different possibility: “I just don’t know if anyone cares if the Polymarket marketplace is completely corrupt — that is the sole reason to police that sort of conduct. If uninformed participants don’t care that betting in Polymarket becomes like betting on a World Wrestling championship match outcome, then regulators won’t care either.”
Finally, there’s the question of whether the CFTC is equipped to handle these surging markets, and the demographic they attract. Unlike state gambling commissions, the CFTC’s primary focus is on fraud and market integrity, not addiction or financial harm to amateur traders. Will it need to expand its mandate to address these consumer protection issues, or will some other regulator need to step in? Cristea says there isn’t a clear right answer. “Maybe there does need to be some sort of retail protection in there.” Stark offers a different possibility: “I just don’t know if anyone cares if the Polymarket marketplace is completely corrupt — that is the sole reason to police that sort of conduct. If uninformed participants don’t care that betting in Polymarket becomes like betting on a World Wrestling championship match outcome, then regulators won’t care either.”
Can the CFTC, traditionally focused on institutional traders and commercial hedgers, effectively oversee retail-heavy prediction markets? Should these platforms face the same strict integrity requirements as sportsbooks, barring insiders from trading on events they can influence? Should betting on political outcomes be allowed, or will it inevitably create perverse incentives that could undermine democracy? What types of events should be eligible for trading? Weather events and inflation rates might seem relatively uncontroversial, but what about contracts that could incentivize harmful real-world actions? And how should regulators balance consumer protection against personal responsibility when it comes to retail traders who may be, essentially, gambling beyond their means?

With prediction markets already handling billions of dollars in trades and more platforms launching every month, regulators need to grapple with these questions before the industry grows too big to effectively control. The cryptocurrency industry has shown how difficult it becomes to implement meaningful oversight once a poorly regulated industry accumulates enough money and political influence to push back — and the devastating cost to everyday people who get caught in the fallout.
Can the CFTC, traditionally focused on institutional traders and commercial hedgers, effectively oversee retail-heavy prediction markets? Should these platforms face the same strict integrity requirements as sportsbooks, barring insiders from trading on events they can influence? Should betting on political outcomes be allowed, or will it inevitably create perverse incentives that could undermine democracy? What types of events should be eligible for trading? Weather events and inflation rates might seem relatively uncontroversial, but what about contracts that could incentivize harmful real-world actions? And how should regulators balance consumer protection against personal responsibility when it comes to retail traders who may be, essentially, gambling beyond their means? With prediction markets already handling billions of dollars in trades and more platforms launching every month, regulators need to grapple with these questions before the industry grows too big to effectively control. The cryptocurrency industry has shown how difficult it becomes to implement meaningful oversight once a poorly regulated industry accumulates enough money and political influence to push back — and the devastating cost to everyday people who get caught in the fallout.
Unanswered questions
When Bill Ackman casually suggested Eric Adams could “fund his future” by betting on his own withdrawal from the mayoral race, he inadvertently highlighted some of the thorny questions around prediction markets. The industry’s growth under Trump’s deregulatory agenda is likely just beginning, and more companies are entering the space — from crypto exchanges to gambling platforms. Some will probably follow Kalshi’s playbook of aggressive litigation to expand the range of permissible contracts. Others may copy Polymarket’s approach of trying to skirt regulatory authority with crypto-denominated trades. Some gambling platforms may attempt a version of regulatory arbitrage, particularly if the outcomes of ongoing court cases suggest that such companies can dodge heavy taxes and onerous compliance burdens by reinventing themselves as trading platforms.

Without much oversight, these markets are ripe for manipulation. The gambling-like nature of many markets, combined with limited addiction prevention programs, likely puts vulnerable users at risk. And election markets create concerning new financial incentives that could further corrupt democratic processes.
Unanswered questions When Bill Ackman casually suggested Eric Adams could “fund his future” by betting on his own withdrawal from the mayoral race, he inadvertently highlighted some of the thorny questions around prediction markets. The industry’s growth under Trump’s deregulatory agenda is likely just beginning, and more companies are entering the space — from crypto exchanges to gambling platforms. Some will probably follow Kalshi’s playbook of aggressive litigation to expand the range of permissible contracts. Others may copy Polymarket’s approach of trying to skirt regulatory authority with crypto-denominated trades. Some gambling platforms may attempt a version of regulatory arbitrage, particularly if the outcomes of ongoing court cases suggest that such companies can dodge heavy taxes and onerous compliance burdens by reinventing themselves as trading platforms. Without much oversight, these markets are ripe for manipulation. The gambling-like nature of many markets, combined with limited addiction prevention programs, likely puts vulnerable users at risk. And election markets create concerning new financial incentives that could further corrupt democratic processes.