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Beyond offering crypto payment solutions, a number of black market operators are licensed in “light touch” offshore jurisidictions which use opaque offshore operating structures to help to obscure company ownership and make local enforcement against these companies complex, the report noted.
By comparison, the long tail of smaller black market sites rely heavily on affiliates to generate traffic.
Much of the onus for the increasing black market is put on increasingly restrictive policies enforced by regulators across the licensed sector.
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“We’ve never had people in a more gambling mood,” Buffett observed.
In his 2022 letter to shareholders, he criticized mobile trading apps that make day trading and speculative positioning effortless, accusing them of turning the stock market into a “gambling parlor.”
Two years later, Buffett again targeted the “gamblification” of financial markets in his annual shareholder letter.
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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.
For now, the important news is that the CFTC has officially started the administrative process. Only once the rulemaking progresses and the underlying proposal is available for public review will the extent of its eventual crypto framework become clear.
