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The policies in question do not mention the practice of responsible gaming and do not detail other legal and regulatory obligations. They also do not specify the resources used to validate certifications, monitor licences and content, identify irregular practices and operators, or apply moderation measures. 

The absence of governance policies aligned with current regulations and Instagram’s algorithmic recommendations reveals not only an ecosystem that fuels gambling as an alternative to work, but above all, points to a systemic risk in which Meta is a major player. This risk can only be effectively addressed by expanding the obligations of digital platforms.

In this sense, it is necessary to expand the regulatory norms of the SPA and the National Data Protection Agency, beyond transparency reports and the mandatory removal after notification of official administrative decisions, but also with the mandatory inclusion of social and technological resources for monitoring, identifying and moderating this ecosystem.

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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. 

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A survey by Fullstory, a behavioral data analytics company, says that amid the evolution of yes/no exchanges, 60% of bettors said prediction markets are altering how they use sportsbooks with 35% admitting that they’ve reduced usage of traditional sports wagering platforms as access to sports event contracts increased.

“Consumers are being presented with more options for how they can participate in online gaming, creating a more competitive landscape where a seamless digital experience is increasingly becoming part of the value proposition,” said Jason Wolf, president of Fullstory, in a statement. “The brands that understand how consumers are navigating, comparing, and engaging with their platforms in real-time can identify where friction is getting in the way of trust and retention.”

A quarter of respondents said they use both prediction markets and sportsbooks depending on the event they’re considering wagering on. While the 35% reduced use figure may sound like a warning shot to gaming companies, a variety of other studies and surveys indicate that when bettors can choose between a sportsbook and an all-or-nothing exchange, they frequently opt for the former.