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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. 

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For Japan, the question is whether this broader proposition could make casino resorts more socially and culturally palatable by giving visitors reasons to come, other than gambling.

But for Klebanow, the lesson Japan should take from Macau and Singapore extends beyond the importance of non-gaming attractions. It is also about how regulation should work. Policymakers, he argues, should establish basic legal and commercial guardrails, while giving operators sufficient “latitude” to “propose and develop projects that best serve both the residential and tourism markets”.

He points to Macau’s Cotai Strip and Singapore’s Marina Bay Sands and Resorts World Sentosa as examples of how regulatory discipline can coexist with considerable freedom for developers to innovate. “At its core, Japan’s policies need to be pragmatic and allow for developments to succeed – not constrain them to the point that they risk failure.”

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Strip away the language of contracts, order books and event trading and Bernard Marantelli has a blunt description of what is happening inside US sports prediction markets. “Kalshi is a sportsbook that’s just not allowed to have an in-house risk team,” says the founder of White Swan Data, one of the specialist firms now making markets on prediction exchanges.

The difference is all about the risk function. A sportsbook employs traders to price bets and manage its exposure. An exchange provides an API through which firms compete to quote prices and supply liquidity.

“Here’s an API. Bernard and 88 other people can market-make all these request-for-quotes (RFQs),” Marantelli says. “Some people might come in and just do esports because they’re esports experts. Others do everything. Some focus on same-game parlays. But it’s a sportsbook.”