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The distinction matters for crypto businesses. The filing shows regulatory work is moving forward, but exchanges and other market participants cannot yet consider it a set of rules they must adhere to. 

The CFTC’s move also comes as other US regulators continue to craft their own crypto policies. The agency and the Securities and Exchange Commission (SEC) jointly issued an interpretation in March on how certain crypto assets would be treated under federal securities laws. 

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. 

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OpenBet emphasized that this change comes at a strong moment for the company and follows its incredibly successful delivery for customers through the World Cup. Throughout the tournament, OpenBet processed 175 million bets totaling $3 billion.

CEO Levin, who is set to transition to a chair role, commented on the shift, saying that he was very confident that Konstakis has what it takes to be CEO and drive OpenBet to new heights.

He [Konstakis] knows our business, our customers and our technology inside out, and has played a central role in shaping our priorities and how we execute against them. Furthermore, Nikos has been a true confidante and partner in the business since coming on board over eight years ago.

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Selig recently hosted a meeting of the CFTC’s so-called Innovation Advisory Committee, which featured extensive discussion about crypto from leading CEOs. The committee’s charter says members pledge to “provide advice and recommendations” on several topics, including crypto assets and blockchain technology.

In May, Selig wrote in a social media post on X that under Trump’s leadership, the nation became the “crypto capital of the world“. Moving forward, the absence of a law makes any rules or advisories issued by the CFTC or the Securities and Exchange Commission vulnerable to being reversed or challenged in court, according to CoinDesk. As of Thursday evening, Selig had not released a statement on the vote.

Prediction markets aside, the absence of crypto on a federal level may have some drag on the regulated industry, especially in the iGaming and sports betting space.