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cftc

Hyperliquid Policy Center writes to the CFTC: A compliance pathway should be opened for decentralized prediction markets

The Hyperliquid Policy Center (HPC) announced that it has formally submitted a comment letter regarding the U.S. Commodity Futures Trading Commission (CFTC) Advance Notice of Proposed Rulemaking (ANPRM) on prediction markets, advocating for the establishment of a clear compliance path for decentralized prediction markets based on public, permissionless blockchains while improving the regulatory framework for centralized prediction markets.In the comment letter, HPC calls on the CFTC to develop more flexible, function-oriented rules to accommodate decentralized market structures; to establish clear legal channels for U.S. market participants to access decentralized prediction markets; and to promote the U.S. leading position in decentralized financial innovation. HPC stated that prediction markets are a natural extension of the federal derivatives framework, helping participants directly manage their economic risk exposure to real-world events and aggregating dispersed information through continuously updated market prices, whose price discovery capabilities have been widely validated, even outperforming traditional polls and expert forecasts.It pointed out that decentralized prediction markets based on public blockchains have advantages such as transparency, non-custodial nature, and high resilience, not relying on centralized operators to hold user funds, and there is no single point of failure risk; all transactions are recorded in real-time on a public ledger, facilitating regulation and market oversight, while market access standards are more transparent and uniform.HPC emphasized that current rulemaking should not solidify reliance on a single exchange operator, custodial intermediaries, and traditional settlement monitoring mechanisms, as this would hinder U.S. users' legitimate participation in decentralized prediction markets. It stated that it will continue to promote compliance access for U.S. market participants to Hyperliquid and HIP-4 outcome markets and will maintain communication with the CFTC.

After Kalshi filed an appeal, the compliance dispute in the prediction market may be handed over to the U.S. Supreme Court

The U.S. Court of Appeals for the Ninth Circuit heard oral arguments from lawyers representing the prediction market platform Kalshi and Nevada authorities regarding Nevada's ban on the platform's event contracts. This appeal stems from a lower court ruling that prohibited Kalshi from offering certain event-based contracts in Nevada based on the claim that Kalshi requires a license.The appellate court judges responsible for Thursday's oral arguments and Kalshi's lawyers acknowledged that there have been several state-level enforcement actions against Kalshi and other prediction market platforms, including criminal charges filed in Arizona. However, a federal court last week blocked Arizona authorities from enforcing the state's gambling laws against Kalshi's event contracts."I believe existing case law does indicate that what we want to avoid here is state courts and federal courts simultaneously considering the exact same issue and potentially reaching different conclusions," said Colleen Sinzdak, representing Kalshi.The core argument of Kalshi's debate is that the platform's event contracts fall under "swap" transactions and should be regulated by the Commodity Futures Trading Commission, rather than state gambling regulators. CFTC Chairman Michael Selig supported this position in the case involving Crypto.com's prediction market and Nevada authorities.Coinbase Chief Legal Officer Paul Grewal predicted that this case may be appealed to the U.S. Supreme Court. "The questions in the oral arguments are not a reliable signal of the court's leanings; nonetheless, I stand by my long-standing prediction that the Supreme Court will rule on whether sports contracts on designated contract markets fall under the exclusive jurisdiction of the CFTC as swap transactions."
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