rio: extract claims from 2026-03-23-natlawreview-prediction-markets-gambling-act-curtis-schiff
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- Source: inbox/queue/2026-03-23-natlawreview-prediction-markets-gambling-act-curtis-schiff.md - Domain: internet-finance - Claims: 1, Entities: 1 - Enrichments: 3 - Extracted by: pipeline ingest (OpenRouter anthropic/claude-sonnet-4.5) Pentagon-Agent: Rio <PIPELINE>
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@ -12,9 +12,16 @@ scope: structural
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sourcer: Senators Dave McCormick (R-PA) and Kirsten Gillibrand (D-NY)
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supports: ["futarchy-governance-markets-create-insider-trading-paradox-because-informed-governance-participants-are-simultaneously-the-most-valuable-traders-and-the-most-restricted-under-insider-trading-frameworks", "congressional-insider-trading-legislation-for-prediction-markets-treats-them-as-financial-instruments-not-gambling-strengthening-dcm-regulatory-legitimacy"]
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challenges: ["insider-trading-in-futarchy-improves-governance-by-accelerating-ground-truth-incorporation-into-conditional-markets"]
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related: ["futarchy-governance-markets-create-insider-trading-paradox-because-informed-governance-participants-are-simultaneously-the-most-valuable-traders-and-the-most-restricted-under-insider-trading-frameworks", "insider-trading-in-futarchy-improves-governance-by-accelerating-ground-truth-incorporation-into-conditional-markets", "congressional-insider-trading-legislation-for-prediction-markets-treats-them-as-financial-instruments-not-gambling-strengthening-dcm-regulatory-legitimacy", "prediction-market-insider-trading-concentrates-in-three-principal-types-requiring-different-enforcement-mechanisms", "prediction-markets-face-democratic-legitimacy-gap-despite-regulatory-approval", "prediction-markets-face-political-sustainability-risk-from-gambling-perception-despite-legal-defensibility", "prediction-market-regulatory-legitimacy-creates-both-opportunity-and-existential-risk-for-decision-markets"]
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related: ["futarchy-governance-markets-create-insider-trading-paradox-because-informed-governance-participants-are-simultaneously-the-most-valuable-traders-and-the-most-restricted-under-insider-trading-frameworks", "insider-trading-in-futarchy-improves-governance-by-accelerating-ground-truth-incorporation-into-conditional-markets", "congressional-insider-trading-legislation-for-prediction-markets-treats-them-as-financial-instruments-not-gambling-strengthening-dcm-regulatory-legitimacy", "prediction-market-insider-trading-concentrates-in-three-principal-types-requiring-different-enforcement-mechanisms", "prediction-markets-face-democratic-legitimacy-gap-despite-regulatory-approval", "prediction-markets-face-political-sustainability-risk-from-gambling-perception-despite-legal-defensibility", "prediction-market-regulatory-legitimacy-creates-both-opportunity-and-existential-risk-for-decision-markets", "bipartisan-prediction-market-legislation-creates-insider-trading-framework-for-governance-participants", "prediction-market-act-2026"]
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---
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# The Prediction Market Act of 2026's insider trading prohibitions for government officials signal that prediction market regulation treats informed participation as securities-like rather than gambling-like
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The Prediction Market Act of 2026 bars members of Congress, the president, vice president, and senior executive branch officials from trading on prediction market platforms. This provision treats prediction markets as financial instruments where insider trading is a meaningful concern, not as gambling where information advantages are irrelevant. The regulatory frame is significant: gambling regulation focuses on consumer protection and gaming integrity, while securities regulation focuses on information asymmetry and market manipulation. By importing insider trading concepts from securities law, the bill signals that prediction markets are being conceptualized as information aggregation mechanisms where informed participation creates unfair advantages. This framing has direct implications for futarchy governance markets, where the insider trading paradox is most acute: informed governance participants are simultaneously the most valuable traders (because they have ground truth about organizational decisions) and the most restricted under insider trading frameworks. The bill's approach suggests Congress views prediction markets through a financial markets lens rather than a gambling lens, which could strengthen CFTC jurisdiction but also import securities-style restrictions that are poorly suited to governance markets.
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## Extending Evidence
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**Source:** National Law Review, March 23, 2026
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The McCormick-Gillibrand Prediction Market Act (S.4469, April 30, 2026) includes explicit insider trading prohibitions and politician trading bans, but these provisions apply only to 'event contracts' as defined by the bill—contracts on DCM/SEF-listed platforms tied to external observable events. The Curtis-Schiff competing bill would prohibit sports/casino contracts entirely. Neither bill addresses insider trading in governance markets where informed participation is structurally necessary for futarchy to function.
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@ -38,3 +38,10 @@ Congressional Democrats' formal letter arrived on the same day the ANPRM comment
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**Source:** Norton Rose Fulbright, April 30, 2026
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Norton Rose Fulbright's comprehensive April 30, 2026 synthesis covering preemption theory, enforcement trajectory, and rulemaking direction makes zero mention of governance markets, MetaDAO, futarchy, or decision markets. As the most prolific prediction market law firm commentator (three analyses in March-April 2026), their 'crossroads' synthesis represents the legal profession's comprehensive assessment at the moment the ANPRM comment period closed. The absence confirms the legal profession has not conceptualized TWAP-settled conditional markets as a separate regulatory category.
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## Supporting Evidence
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**Source:** National Law Review, March 23, 2026; S.4469 text
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The legislative branch mirrors the regulatory pattern: both the Curtis-Schiff prohibition bill and the McCormick-Gillibrand regulatory framework focus exclusively on sports, casino, and election contracts on centralized platforms. No mention of DAO governance markets, on-chain prediction markets, or futarchy-style decision markets appears in either bill. This creates a three-branch confirmation: courts (Kalshi litigation), agencies (CFTC ANPRM), and Congress (both 2026 bills) all focus on the same narrow category.
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@ -0,0 +1,19 @@
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---
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type: claim
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domain: internet-finance
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description: Legislative debate focuses exclusively on sports/politics/casino contracts on centralized platforms, creating a definitional gap that leaves futarchy-style governance markets unaddressed
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confidence: proven
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source: National Law Review, March 23, 2026; S.4469 (McCormick-Gillibrand), Curtis-Schiff bill text
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created: 2026-05-09
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title: The 119th Congress produced two competing legislative approaches to prediction market regulation—a regulatory framework (McCormick-Gillibrand) and a prohibition approach (Curtis-Schiff)—with neither addressing decentralized governance markets
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agent: rio
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sourced_from: internet-finance/2026-03-23-natlawreview-prediction-markets-gambling-act-curtis-schiff.md
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scope: structural
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sourcer: National Law Review
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supports: ["cftc-anprm-comment-record-closes-with-1500-submissions-and-zero-governance-market-mentions-suggesting-nprm-will-be-calibrated-to-sports-election-event-contract-patterns", "metadao-twap-settlement-excludes-event-contract-definition-through-endogenous-price-mechanism"]
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related: ["bipartisan-prediction-market-legislation-creates-insider-trading-framework-for-governance-participants", "cftc-anprm-comment-record-closes-with-1500-submissions-and-zero-governance-market-mentions-suggesting-nprm-will-be-calibrated-to-sports-election-event-contract-patterns", "MetaDAO conditional governance markets may fall outside CFTC event contract definition because TWAP settlement against internal token price is endogenous not an external observable event", "futarchy-governance-markets-risk-regulatory-capture-by-anti-gambling-frameworks-because-the-event-betting-and-organizational-governance-use-cases-are-conflated-in-current-policy-discourse", "prediction-market-act-2026", "bipartisan-prediction-market-legislation-threatens-cftc-preemption-through-congressional-redefinition", "prediction-market-regulatory-legitimacy-creates-both-opportunity-and-existential-risk-for-decision-markets"]
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---
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# The 119th Congress produced two competing legislative approaches to prediction market regulation—a regulatory framework (McCormick-Gillibrand) and a prohibition approach (Curtis-Schiff)—with neither addressing decentralized governance markets
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Two competing bills emerged in 2026 with fundamentally different philosophies. The Curtis-Schiff Prediction Markets Are Gambling Act (March 23, 2026) would prohibit 'sports and casino-style event contracts' on CFTC-regulated platforms. The McCormick-Gillibrand Prediction Market Act (S.4469, April 30, 2026) takes a 'regulate, don't prohibit' approach, establishing CFTC oversight for event contracts on DCM/SEF-listed platforms, banning politician trading, and requiring age verification. Neither bill has been enacted. The critical observation is that both bills specifically target 'sports and casino-style' or 'event contracts' defined by external observable events—the same definitional boundary that protects MetaDAO in litigation. Neither bill mentions DAO governance markets, on-chain prediction markets, or futarchy-style decision markets. The legislative debate is entirely focused on Kalshi/Polymarket-style platforms. This creates a three-branch pattern: courts (Kalshi litigation focuses on sports/election contracts), regulatory agencies (CFTC ANPRM received 1500+ comments with zero governance market mentions), and now Congress (both legislative approaches omit governance markets). The definitional gap between 'sports/casino event contracts' and 'governance decision markets' is the structural boundary that keeps futarchy invisible to regulators.
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@ -162,3 +162,10 @@ The CFTC's complete reversal from 2024 ban proposals to 2026 multi-state defense
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**Source:** McCormick-Gillibrand Prediction Market Act of 2026, April 30, 2026
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The Prediction Market Act of 2026 demonstrates how regulatory legitimacy creates legislative momentum that can sweep in governance markets. The bill's broad definition of prediction market contracts as instruments tied to occurrence or non-occurrence of a future event could include governance proposal votes, creating a new statutory vector independent of CFTC event contract framework. The bipartisan support and same-day introduction with CFTC ANPRM comment period closure shows convergence of legislative and regulatory tracks.
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## Extending Evidence
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**Source:** National Law Review, March 23, 2026
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The competing legislative approaches create regulatory uncertainty that is itself a risk factor. If the Curtis-Schiff prohibitionist approach prevails, it could create political pressure to expand prohibition beyond DCM-listed sports contracts. However, the definitional boundary—'sports and casino-style event contracts'—does NOT include governance markets or futarchy-style decision markets, suggesting the prohibition risk is contained to the sports/election category that drives political controversy.
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# Curtis-Schiff Prediction Markets Are Gambling Act
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## Overview
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Bipartisan federal legislation introduced March 23, 2026 by Senator Curtis (R-Utah) and Senator Schiff (D-California) to explicitly prohibit CFTC-registered platforms from listing sports and casino-style prediction market contracts.
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**Type:** Federal legislation (proposed)
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**Introduced:** March 23, 2026
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**Sponsors:** Senators Curtis and Schiff
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**Status:** Not enacted
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**Domain:** Prediction market regulation
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## Key Provisions
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- **Purpose:** Close regulatory gap prediction markets exploit by defining sports event contracts as gambling products, not derivatives/swaps
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- **Mechanism:** Codifies state gaming commissions' position into federal law, requiring state gaming licenses rather than CFTC registration for sports contracts
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- **Scope:** Applies to CFTC-registered DCM platforms; does NOT explicitly address on-chain prediction markets or futarchy governance markets
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- **Enforcement:** Would override CFTC exclusive jurisdiction through Congressional redefinition of regulatory category
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## Overview
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The Prediction Markets Are Gambling Act is a proposed federal bill that would prohibit sports and casino-style event contracts on CFTC-regulated platforms. It represents the prohibitionist approach to prediction market regulation, directly opposing the McCormick-Gillibrand regulatory framework.
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## Legislative Approach
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The bill would "amend federal law so that sports and casino-style event contracts may not be offered on platforms regulated by the commission [CFTC]." This is a categorical prohibition rather than a regulatory framework.
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## Scope
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The bill specifically targets:
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- Sports event contracts
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- Casino-style event contracts
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- Contracts on CFTC-regulated platforms
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Notably absent from the bill's scope:
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- DAO governance markets
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- On-chain prediction markets
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- Futarchy-style decision markets
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- Non-DCM platforms
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## Political Context
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- **Bipartisan sponsorship:** Curtis (Republican, Utah) and Schiff (Democrat, California) represent ideologically divergent states
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- **Utah angle:** Curtis's sponsorship from non-gaming state suggests opposition broader than state revenue protection
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- **Timing:** Filed three weeks after Arizona criminal charges (March 17, 2026), during peak state-federal jurisdictional conflict
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- **Industry pressure:** American Gaming Association had just released $600M state tax revenue loss data
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## Legislative Status
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- **Chamber:** Senate bill as of late March 2026
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- **House companion:** None identified as of March 2026
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- **Administration position:** Trump administration has been pro-prediction market; no veto threat statement identified
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- **Passage requirements:** Would need both chambers and overcome potential presidential opposition
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The bill emerged in the same legislative session as the competing McCormick-Gillibrand Prediction Market Act (S.4469, April 30, 2026), which takes a "regulate, don't prohibit" approach. The Senate unanimously passed S.Res.708 restricting congressional trading on prediction markets, showing bipartisan appetite for some action, though the form remains contested.
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## Regulatory Implications
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- **Centralized platforms:** Would directly affect Kalshi, Polymarket (if operating as DCM)
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- **Decentralized markets:** Scope limitation leaves on-chain futarchy governance markets potentially outside framework
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- **Mechanism design:** Legislative threat vector that quality of mechanism design cannot address
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If enacted, the Curtis-Schiff approach would:
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- Create a two-tier prediction market structure (prohibited sports/casino vs. unregulated other)
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- Eliminate CFTC regulatory pathway for sports contracts
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- Potentially create pressure to expand prohibition categories
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- Leave governance markets in regulatory limbo (neither prohibited nor regulated)
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## Timeline
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- **2026-03-23** — Bill introduced by Curtis and Schiff
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- **2026-03-23** — Bill introduced by Senators Curtis and Schiff
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- **2026-04-30** — Competing McCormick-Gillibrand bill (S.4469) introduced
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- **2026** — Neither bill enacted; legislative path uncertain
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## Sources
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- MultiState legislative tracking, March 2026
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- American Gaming Association revenue loss data
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- Arizona criminal charges context (March 17, 2026)
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- National Law Review, "Update: Prediction Markets" (March 23, 2026)
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- Bill text (Curtis-Schiff)
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- S.4469 (McCormick-Gillibrand) for comparison
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@ -7,10 +7,13 @@ date: 2026-03-23
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domain: internet-finance
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secondary_domains: []
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format: article
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status: unprocessed
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status: processed
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processed_by: rio
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processed_date: 2026-05-09
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priority: medium
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tags: [prediction-markets, legislation, cftc, event-contracts, regulatory, gambling, sports-betting, curtis-schiff]
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intake_tier: research-task
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extraction_model: "anthropic/claude-sonnet-4.5"
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---
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## Content
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