Lucky Goldbricks

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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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Analyst Gautam Chhugani and team are forecasting $410 billion in yes/no exchange turnover this year, implying that if the $10 trillion estimate proves accurate, it’d represent a more than twentyfold increase from the 2026 tally.

The $10 trillion forecast also implies significant growth in just five years from what previously stood as some of the most optimistic 2030 projections. In April, Bernstein estimated prediction market volume will ascend to $1 trillion by 2030 while Bank of America said prediction markets will eventually grow to $1.1 trillion in yearly turnover. A July report from Macquarie analyst Chad Beynon included a $1.5 trillion annual volume forecast by 2030.

If Bernstein’s $10 trillion prediction market turnover forecast is realized or exceeded, it’d likely prove significant in revenue terms because the research firm previously estimated that $1 trillion in yearly activity could generate as much as $10.8 billion in revenue for operators.

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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. 

Its failure also leaves unresolved disputes over prediction markets and state and tribal gaming authorities, outside a comprehensive congressional framework. Those issues took on new significance during Senate floor debate over the bill, as concerns about federal commodities oversight extended to markets typically regulated at the state or tribal level.