---
type: source
title: "CFTC issues Advisory Letter 26-08 and ANPRM on prediction market event contracts — first concrete regulatory framework"
author: "CFTC (via Morrison Foerster, Akin Gump, CoinDesk analysis)"
url: https://www.mofo.com/resources/insights/260316-cftc-issues-notable-prediction-markets-advisory
date: 2026-03-12
domain: internet-finance
secondary_domains: []
format: report
status: enrichment
priority: high
triage_tag: claim
tags: [CFTC, prediction-markets, regulation, event-contracts, ANPRM, advisory, gaming, sports, futarchy]
processed_by: rio
processed_date: 2026-03-18
enrichments_applied: ["futarchy-governed entities are structurally not securities because prediction market participation replaces the concentrated promoter effort that the Howey test requires.md"]
extraction_model: "anthropic/claude-sonnet-4.5"
---

## Content

On March 12, 2026, the CFTC issued two documents:

### 1. Advisory Letter (No. 26-08) — Division of Market Oversight

**Core Requirements for DCMs:**
- Must comply with Core Principles including "real-time monitoring of all trading activity"
- Must conduct communications with sports governing bodies when developing sports-related event contracts
- Must document consistency with league integrity standards
- Must establish data-sharing arrangements with sports organizations
- Must use official league data for settlement

**Heightened Manipulation Concerns for:**
- Contracts resolving based on individual athlete injuries or unsportsmanlike conduct
- Single-person decisions (e.g., officiating actions)
- Overly broad contract specifications

### 2. Advance Notice of Proposed Rulemaking (ANPRM)

**Market Context:** Event contract listings surged from ~5/year (2006-2020) to ~1,600 in 2025.

**Scope: 40 Questions Covering:**
1. DCM Core Principles application to prediction markets
2. "Public interest" contract prohibitions definition
3. Five prohibited activity categories under CEA Section 5c(c)(5)(C): unlawful activities, terrorism, assassination, war, and **gaming**
4. Insider trading standards
5. Market differences and unique characteristics

**Comment Period:** 45 days following Federal Register publication

**Critical Detail — "Gaming" Definition:**
- CEA 5c(c)(5)(C) authorizes CFTC to prohibit event contracts involving "gaming" or contracts "contrary to the public interest"
- CFTC Rule 40.11 contains existing gaming prohibition but the term is "sufficiently broad" and undefined
- ANPRM specifically asks about how gaming should be defined
- Previous 2024 CFTC definition included: "staking or risking something of value on the outcome of a political contest, an awards contest, or a game in which one or more athletes compete"

**Non-Sports Contracts:**
- ANPRM covers "economic indicators, financial benchmarks, sports, popular culture and politics"
- Contracts resolving based on "the action of a single individual or small group" flagged for heightened scrutiny
- NO specific discussion of governance markets, decision markets, or futarchy
- Corporate governance or organizational decision markets not addressed

**Enforcement Signal:** Division of Enforcement has commenced insider trading prosecutions for "event contracts that could be influenced by a single individual"

**Political Context:**
- Chairman Selig (Trump-appointed, sole commissioner) is aggressively pro-prediction-market
- Withdrew 2024 proposed rule that would have prohibited political and sports event contracts
- Withdrew 2025 staff advisory cautioning about state litigation risks
- Senate Democrats pushing limits (bans on "bets tied to war and death")

## Agent Notes
**Triage:** [CLAIM] — "The CFTC's March 2026 advisory and ANPRM establish the first concrete federal regulatory framework for prediction markets, but the undefined 'gaming' category in CEA section 5c(c)(5)(C) creates a classification risk that could be applied to governance markets if the definition is drawn broadly"

**Why this matters:** The ANPRM's 40 questions are the first formal opportunity to shape the definition of "gaming" under the CEA. If "gaming" is defined narrowly (sports betting only), futarchy governance markets are safe. If defined broadly (any binary outcome contract where participants risk value), futarchy could be swept in. The 45-day comment period is a window for the futarchy/MetaDAO ecosystem to submit comments arguing that governance markets are structurally distinct from gaming.

**What surprised me:** The ANPRM explicitly flags "contracts resolving based on the action of a single individual or small group" for heightened scrutiny. Futarchy proposals (e.g., "should we hire this CEO?") resolve based on organizational decisions made by small groups. This language could be read to cover futarchy governance markets — not as "gaming" but as "manipulation-susceptible."

**KB connections:**
- Updates the CFTC rulemaking signal archived in 2026-02-00 source
- Connects to [[Futarchy is manipulation-resistant because attack attempts create profitable opportunities for defenders]] — but CFTC flags manipulation risk for single-person-decision contracts
- Connects to Belief #6 on regulatory defensibility

**Extraction hints:** Focus on the "gaming" definition question and the "single individual" manipulation concern. These are the two vectors through which futarchy governance markets could be affected by the ANPRM, even though the ANPRM doesn't mention governance markets directly.

## Curator Notes
PRIMARY CONNECTION: [[futarchy-governed entities are structurally not securities because prediction market participation replaces the concentrated promoter effort that the Howey test requires]]
WHY ARCHIVED: First concrete CFTC regulatory framework for prediction markets — the gaming definition and single-actor manipulation concern are the two vectors that could reach futarchy


## Key Facts
- Event contract listings surged from ~5/year (2006-2020) to ~1,600 in 2025
- CFTC Advisory Letter 26-08 requires DCMs to conduct communications with sports governing bodies when developing sports-related event contracts
- CFTC Advisory Letter 26-08 requires DCMs to establish data-sharing arrangements with sports organizations and use official league data for settlement
- CFTC Chairman Selig withdrew 2024 proposed rule that would have prohibited political and sports event contracts
- CFTC Chairman Selig withdrew 2025 staff advisory cautioning about state litigation risks
- CFTC Division of Enforcement has commenced insider trading prosecutions for event contracts that could be influenced by a single individual
- Previous 2024 CFTC gaming definition: 'staking or risking something of value on the outcome of a political contest, an awards contest, or a game in which one or more athletes compete'
- ANPRM covers economic indicators, financial benchmarks, sports, popular culture and politics but does not mention governance markets, decision markets, or futarchy
- Senate Democrats pushing limits including bans on bets tied to war and death
