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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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It is very common among the different profiles identified to refer to regulatory bodies, such as the National Advertising Self-Regulation Council and SIGAP (Brazil’s betting management system). They also speak of responsible gaming in a generic way. In many cases, this is associated with illegal operators and potentially irregular advertising practices.
In this context, the regulations developed to protect players begin to function as a means of legitimisation, with illegal operators even using the term “authorised” in their communication and the “.bet” extension in their domain, which is intended only for licensed operators.
According to the governance policies of Meta, the owner of Instagram, gambling platforms can use programmatic advertising services and branded content, provided they receive authorisation from the platform. They cannot target content to individuals under 18 or territories where gambling is not regulated.
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Another MIW 2024 alum, Lois Bright, who also founded of Women in Gaming Africa and co-founded Gaming Advisory Partners, says the group’s key achievement has been making women visible and helping them to progress into leadership roles.
“I think it’s given a boost to women in the sense that they have a platform for tangible change, not just them as individuals, but collectively as a movement,” Bright says.
A point the industry largely agrees on is that DEI must start at the top.