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2026-05-09 22:17:49 +00:00

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Curtis-Schiff Prediction Markets Are Gambling Act

Type: Federal legislation (proposed) Introduced: March 23, 2026 Sponsors: Senators Curtis and Schiff Status: Not enacted Domain: Prediction market regulation

Overview

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.

Legislative Approach

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.

Scope

The bill specifically targets:

  • Sports event contracts
  • Casino-style event contracts
  • Contracts on CFTC-regulated platforms

Notably absent from the bill's scope:

  • DAO governance markets
  • On-chain prediction markets
  • Futarchy-style decision markets
  • Non-DCM platforms

Political Context

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.

Regulatory Implications

If enacted, the Curtis-Schiff approach would:

  • Create a two-tier prediction market structure (prohibited sports/casino vs. unregulated other)
  • Eliminate CFTC regulatory pathway for sports contracts
  • Potentially create pressure to expand prohibition categories
  • Leave governance markets in regulatory limbo (neither prohibited nor regulated)

Timeline

  • 2026-03-23 — Bill introduced by Senators Curtis and Schiff
  • 2026-04-30 — Competing McCormick-Gillibrand bill (S.4469) introduced
  • 2026 — Neither bill enacted; legislative path uncertain

Sources

  • National Law Review, "Update: Prediction Markets" (March 23, 2026)
  • Bill text (Curtis-Schiff)
  • S.4469 (McCormick-Gillibrand) for comparison