Making America the Crypto Capital of the World | New CFTC Chairman Michael Selig
Episode
59 min
Read time
2 min
Topics
Investing, Design & UX, Software Development
AI-Generated Summary
Key Takeaways
- ✓Perpetuals Onshoring Timeline: Selig plans to bring perpetual derivatives markets back to the US within approximately one month by issuing no-action relief and clarifying whether perps qualify as futures or swaps under existing CFTC rules. Currently, traders must use offshore vehicles to access perps, which represent the largest liquidity source in crypto markets.
- ✓Commodity Definition Scope: Under the Commodity Exchange Act, virtually every asset class qualifies as a commodity except onions and motion picture box office receipts. This means the CFTC holds anti-fraud and anti-manipulation authority over Bitcoin spot markets, prediction markets, sports events, and political contracts — a far broader mandate than most crypto builders recognize.
- ✓Prediction Market Insider Trading Standard: The CFTC applies a misappropriation theory to police insider trading on event contracts. Any person who breaches a duty of confidence to an employer by trading on non-public information — such as a MrBeast employee trading ahead of YouTube video releases — faces civil penalties through exchange-level enforcement or direct CFTC action.
- ✓DeFi Developer Safe Harbor: Selig is actively drafting rules distinguishing software developers pushing non-custodial code from regulated intermediaries. A staged innovation exemption will allow firms to test products at limited volume without full exchange registration, giving builders a defined on-ramp before committing to CFTC licensing — reversing the previous administration's treatment of developers as de facto brokers.
- ✓Clarity Act as Insurance Policy: Even with the SEC and CFTC issuing aligned rulemaking that designates assets like Ether and Solana as digital commodities rather than securities, statutory legislation remains necessary. Without the Clarity Act codified into law, a future SEC chair could reverse all current guidance, reinstating enforcement-based regulation that previously drove firms to the Bahamas and Europe.
What It Covers
New CFTC Chair Michael Selig, the 16th chair sworn in December 2024, outlines his regulatory agenda: onshoring perpetual derivatives within months, withdrawing Biden-era prediction market bans, clarifying crypto commodity definitions, and creating innovation exemptions to keep blockchain development inside the United States.
Key Questions Answered
- •Perpetuals Onshoring Timeline: Selig plans to bring perpetual derivatives markets back to the US within approximately one month by issuing no-action relief and clarifying whether perps qualify as futures or swaps under existing CFTC rules. Currently, traders must use offshore vehicles to access perps, which represent the largest liquidity source in crypto markets.
- •Commodity Definition Scope: Under the Commodity Exchange Act, virtually every asset class qualifies as a commodity except onions and motion picture box office receipts. This means the CFTC holds anti-fraud and anti-manipulation authority over Bitcoin spot markets, prediction markets, sports events, and political contracts — a far broader mandate than most crypto builders recognize.
- •Prediction Market Insider Trading Standard: The CFTC applies a misappropriation theory to police insider trading on event contracts. Any person who breaches a duty of confidence to an employer by trading on non-public information — such as a MrBeast employee trading ahead of YouTube video releases — faces civil penalties through exchange-level enforcement or direct CFTC action.
- •DeFi Developer Safe Harbor: Selig is actively drafting rules distinguishing software developers pushing non-custodial code from regulated intermediaries. A staged innovation exemption will allow firms to test products at limited volume without full exchange registration, giving builders a defined on-ramp before committing to CFTC licensing — reversing the previous administration's treatment of developers as de facto brokers.
- •Clarity Act as Insurance Policy: Even with the SEC and CFTC issuing aligned rulemaking that designates assets like Ether and Solana as digital commodities rather than securities, statutory legislation remains necessary. Without the Clarity Act codified into law, a future SEC chair could reverse all current guidance, reinstating enforcement-based regulation that previously drove firms to the Bahamas and Europe.
Notable Moment
Selig revealed that over 50 state lawsuits have been filed against CFTC-registered prediction market exchanges like Kalshi and Polymarket, with more arriving daily. He responded by filing amicus briefs asserting exclusive federal jurisdiction, framing state-level gaming laws as an attempt to replicate the previous administration's regulatory suppression tactics.
Episode Transcript
I'm hoping that we have both the crypto capital of the world today, which I I do believe the president has made The United States crypto capital of the world. I I don't think there's any question that this is the best place to build right now and and that we're seeing so much innovation in the space, but I wanna see that for for years to come. I wanna make sure that if we do get the next Gary Gensler, the rules and the statues are very clear, and they keep this stuff here for the long term. Mike Selig, welcome back to Bankless. Glad to be here. Mike, I feel like your entire career prepared you for what you are doing now. So you clerked under crypto dad at the CFTC many years ago. You spent a decade representing crypto firms as a lawyer. You recently joined the SEC's crypto task force. That was in March 2025. And then in December, you were sworn in as the sixteenth CFTC chair. I feel in some ways like you are our dream candidate for this position. I don't know if you feel the the weight of our hopes and expectations on your shoulders, but can you tell us in your words, why are you at the CFTC? Like, what did you go there to go do? I spent many years in private practice working with firms innovating on the edge of crypto, AI, prediction markets, and even the traditional firms that were really trying to test the boundaries. And around 2021, 2022, it seemed like every day we were getting a Wells notice or a subpoena or voluntary information request, quote, unquote, voluntary. But, you know, it really was a a slog over the years representing clients in this space, trying to do the right thing, make sure that these clients had a place here in The United States, and they were really being pushed out. So when the twenty twenty four election came around and president Trump won and was in office, I had the opportunity to go work with chairman Atkins over at the SEC leading up as chief counsel of the crypto task force. And we really did a bunch of great work bringing staking back to The United States, ending regulation by enforcement, clarifying what's a security, what's not, and we're still doing some work there between the agencies. But it was it was a great effort over at the SEC. We launched project crypto as well. And around December, I was confirmed to to move over to the CFTC and and begin work there. And we've been working very closely with the White House, thanks to the president's leadership on the Clarity Act, trying to get some legislation across the line. But there's so much we can do with Perpetuals and other digital asset products that we've got our hands full, and I'm excited to be in the role. Galaxy operates where digital assets and …
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