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The Digital Asset Market Clarity Act, a long-hyped piece of legislation establishing a federal framework for cryptocurrency, failed to clear a key Senate vote this week and now looks dead for 2026. It represents a resounding defeat for crypto stakeholders with multiple ramifications for the gaming industry.
At least 60 “yes” votes were needed to move the legislation towards passage, but the final tally of 49-50 didn’t even reach a majority after four Republican lawmakers broke ranks to oppose the market structure bill. With critical midterm elections approaching in November, there is little chance that the issue will be picked back up in the balance of the Congressional session.
Notably, ethics concerns may have played a critical factor in the rejection of the bill. Lawmakers from both sides did not feel that an updated version of the text released on Sunday went far enough in addressing concerns related to senior officials maintaining or endorsing crypto business ties. However, a group of Republicans claimed they made a series of concessions when US President Donald Trump agreed to modifications on Sunday night that contained stronger ethics measures, the Associated Press reported. The 11th hour concessions were not enough to appease potential swing voters among Senate Democrats.
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That is because trading on prediction markets is illegal down under, according to the Australian Securities and Investment Commission, the nation’s regulator on financial services. Last month, in perhaps the ASIC’s strongest warnings yet against the asset class, the commission reiterated that prediction markets are not licensed as financial markets to operate in Australia. Through the guidance, the regulator urged consumers to exercise caution before partaking in certain investments on offshore platforms which have not obtained licensing nationwide.
The advisory could be music to the ears of NFL Commissioner Roger Goodell, whose league has pushed a federal derivatives regulator in the US to enact more rigorous standards to help protect the integrity of professional sports. Ahead of the matchup, Goodell spoke with CNBC from Melbourne.
“We think there needs to be stronger regulations into the predictive markets,” he said. “We want to see that to protect the integrity of our game – we want to make sure we are protecting the consumers that are on those platforms.”
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The regulator noted that several operators received “additional points for attention”, indicating that while these applicants met minimum legal thresholds, the KSA expected continuous improvements in compliance practices.
In June, one of the operators, TOTO online BV, was reported for violating the ban on featuring role models in advertising materials.
This was not the first time TOTO has been in trouble with KSA. The platform was fined in 2022 for a similar endeavour – gambling advertisements that were seemingly aimed at young people.