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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. 

The latest filing is an early step in filling some of that regulatory gap for the CFTC. The agency can issue regulations under its current statutory authority, but those regulations would not necessarily be as permanent as legislation passed by Congress. 

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Online gambling more broadly remains illegal, with no sign of legalisation in either the short or long term. If anything, the government appears to be moving further away from the activity, and is actively considering website blocking to prevent illegal gambling in the country.

But through its love of pachinko, social gaming in Japan offers a strikingly different story.

Across some 8,000 pachinko parlours in Japan, machines filled with metallic balls fill expansive spaces, similar to slot machines on a casino floor. Winning balls are tallied and exchanged for non-cash prizes at the parlour, which can then be taken to nearby third-party exchange outlets for cash.

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“Premier League clubs that have struck new deals with unlicensed gambling operators knew the risks,” she said. “The government made clear in February that it would bring in a ban and it should do so immediately: even if that means clubs ordering new kit mid-season.

“Inconvenience is not an excuse for inaction.”

According to Entain, the consultation included data that demonstrated 22% of consumers who use unlicensed operators first interacted with them through social media, with 13% via sponsorship.