Cryptoeconomics

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Regulator

Commodity Futures Trading Commission

The federal regulator of US derivatives markets, created by statute in 1974, which on 4 December 2025 used its existing authority to permit listed spot cryptocurrency products to trade on registered futures exchanges for the first time.

Kind Regulator
Jurisdiction United States
Founded 1974
Stories filed 21

The profile

The federal regulator of US derivatives markets, created by the Commodity Futures Trading Commission Act of 1974 and operational from April 1975, with authority over designated contract markets, swap execution facilities, clearing organisations and leveraged retail commodity transactions. On 4 December 2025 it used that existing authority to permit listed spot cryptocurrency products to trade on registered futures exchanges for the first time, on the reasoning that leveraged retail commodity trading may lawfully occur only on a futures exchange. Its advance notice of proposed rulemaking of 12 March 2026, with comments closing 30 April 2026, asks how contract-market core principles, the public-interest test and margin should apply to event contracts, listings of which it counted rising from about five a year between 2006 and 2020 to roughly 1,600 in 2025.

Frameworks and functions

Listed spot crypto trading
December 2025 framework under which CFTC-registered futures exchanges may list spot cryptocurrency contracts, including on margin to retail traders, under contract-market core principles.
Prediction markets rulemaking
Advance notice issued 12 March 2026 seeking comment on core principles, prohibited event categories, asymmetric information and whether event contracts should carry leverage.

Coverage

Developments in which Commodity Futures Trading Commission is a named party, newest first.

On the record

SEC cancels the open meeting on its first crypto offering rules

A cancellation notice dated 13 August 2026 withdrew the open meeting called for 10 a.m. on 14 August, at which the Commission was to consider proposing a tailored offering regime for certain investment contracts involving crypto assets. No reason and no new date were given. The meeting agenda of 10 August names the item Regulation Crypto Assets.

CFTC publishes the agenda for its first Innovation Advisory Committee meeting

The agenda of 13 August 2026 sets three sessions for 20 August, on crypto regulation, artificial intelligence and prediction markets. The prediction markets session lists the respective roles of federal and state authorities and recent state litigation among its potential topics. It names three officials, no members and no panellists.

CFTC staff advises prediction markets on trading incentive programmes

CFTC Letter 26-23 of 12 August 2026 sets out what a designated contract market may put in a market-maker or trading incentive programme and how to certify it. Unlimited rebates, guaranteed profits, secret discount codes, chance-based prizes and selectively faster market data are named as concerns, and existing programmes are to be reviewed by 14 September.

Washington court orders Kalshi to geofence the state against most event contracts

A King County Superior Court judge signed an amended preliminary injunction on 12 August 2026 requiring KalshiEX to stop offering event contracts on sports, elections, politics, entertainment, culture, tech and science and mentions in Washington, with geofencing through GeoComply by 2 September and $120,000 a day thereafter. It holds the Commodity Exchange Act does not preempt state gambling law.

CFTC declares a market emergency and orders Kalshi to keep trading

The Commission found on 11 August 2026 that New York's enforcement action and its motion for a temporary restraining order are a major market disturbance under section 8a(9) of the Commodity Exchange Act, and directed KalshiEX to continue performing its functions as an exchange under the Act's core principles. No court had ruled on the restraining order.

FlightAware discontinues its case against Kalshi the day after filing

FlightAware filed a notice of voluntary dismissal without prejudice against all four Kalshi defendants on 11 August 2026, hours after Judge Arun Subramanian signed an order to show cause setting a temporary restraining order hearing for 13 August. No reason is given and no answer had been filed. Kalshi's self-certification still names FlightAware as the primary source agency.

FlightAware sues Kalshi over the data settling flight cancellation contracts

FlightAware filed in the Southern District of New York on 10 August 2026, alleging that Kalshi named it as the primary source agency for flight cancellation contracts, displayed its registered mark on the market pages and settled positions using data licensed for personal use only. Six counts are pleaded and a temporary restraining order is sought.

SEC calls an open meeting on a tailored crypto offering regime

A Sunshine Act notice dated 10 August 2026 called an open meeting for 10:00 a.m. Eastern on Friday 14 August, at which the Commission will consider whether to issue a release proposing new rules creating a tailored offering regime for certain investment contracts involving crypto assets. The notice names no rule and no scope.

CFTC staff tell event contract venues to drop bookmaker odds

The CFTC's Division of Market Oversight and Market Participants Division wrote to regulated entities on 7 August 2026 to say that displaying event contracts in American plus-minus odds rather than in cents is likely to mislead participants about the nature of the transaction and risks breaching the prohibition on manipulative or deceptive devices. Receipt was to be confirmed by 31 August.

Michigan court denies Coinbase an injunction over sports event contracts

Judge Shalina D. Kumar of the US District Court for the Eastern District of Michigan denied Coinbase Financial Markets a preliminary injunction on 6 August 2026, holding that sports event contracts are probably not swaps under the Commodity Exchange Act and that the Act preempts Michigan's gambling laws neither expressly nor by implication. The Gaming Control Board was dismissed on Eleventh Amendment grounds.

CFTC orders George Santos to pay over a State of the Union event contract

The Commodity Futures Trading Commission announced an order on 31 July 2026 against the former US representative George Santos for manipulative trading of a Kalshi event contract on whether he would attend the February 2026 State of the Union address. Axios reports a civil fine of $17,500, the surrender of $17,569.98 in profits and a three-year trading ban; the reports differ on the ban's scope.

CFTC proposes conflict-of-interest rules for affiliated venue structures

The CFTC issued a notice of proposed rulemaking on 30 July 2026 seeking comment on amendments to Parts 37, 38 and 39 of its regulations and to Regulations 1.52 and 1.55, addressing conflicts of interest that arise where designated contract markets, swap execution facilities, derivatives clearing organisations and futures commission merchants are affiliated. Reporting describes restrictions on affiliated traders' access to non-public exchange data, a bar on preferential fee treatment, separation of personnel and technology, and a prohibition on proprietary trading arms operating on the same platform. Comments run for 60 days from Federal Register publication.

Federal judge blocks Minnesota's prediction market ban

Judge Katherine Menendez of the US District Court for the District of Minnesota granted preliminary injunctions on 27 July 2026 against Senate File 3432, which would have criminalised operating a prediction market platform in the state from August. The court found the plaintiffs, Kalshi, Polymarket and the CFTC, likely to succeed on their claim that the Commodity Exchange Act preempts the statute. The injunction holds until the merits are decided.

NFL asks the CFTC to ban categories of sports event contract

The National Football League filed a comment letter on 27 July 2026 on the CFTC's proposed public interest determinations rule, saying the draft falls significantly short and asking the Commission to prohibit outright the categories it considers manipulable, including contracts on officiating, individual player performance and events knowable in advance, rather than review them case by case. It also asked for a minimum age of 21 and league-specific prohibited-bettor lists.

CFTC staff narrow self-certification of event contract series

The CFTC's Division of Market Oversight issued an advisory on 24 July 2026 cautioning designated contract markets against template certifications that bundle many event contract variations into a single filing, saying such submissions limit its ability to judge whether the information required under Regulation 40.2 has been supplied, and setting out when closely related contracts may instead take class treatment.

Third Circuit holds federal commodities law preempts state gaming law for sports event contracts

A divided panel of the US Court of Appeals for the Third Circuit affirmed a preliminary injunction in KalshiEX LLC v. Flaherty, holding that the Commodity Exchange Act preempts New Jersey's gaming laws as applied to sports event contracts traded on a CFTC-designated contract market, on both field and conflict preemption grounds. Judge Roth dissented, arguing that the presumption against preemption applies with particular force to gambling and that the two regimes can be complied with simultaneously.

CFTC fines Tether $41m over statements about its reserves

The Commodity Futures Trading Commission ordered Tether to pay a $41m civil penalty, finding that between 1 June 2016 and 25 February 2019 the company misrepresented that every USDT in circulation was backed by an equivalent amount of fiat currency. The order found that Tether held sufficient fiat reserves to back tokens outstanding on only 27.6% of days in a 26-month sample from 2016 to 2018, and did not disclose that reserves included unsecured receivables and non-fiat assets.

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