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Days after the US Senate failed to advance the CLARITY Act, the Commodity Futures Trading Commission (CFTC) has sent a new rulemaking package on crypto markets for review to the White House.
The Office of Information and Regulatory Affairs (OIRA) received the filing on September 17, which is titled “Regulation Crypto Asset Transactions and Regulation Crypto Asset Markets.” The proposal remains in the early stages, and the details are not yet public, as reported by The Block.
The move came shortly after the Senate declined to advance the Digital Asset Market CLARITY Act. The procedural vote on September 15 rejected it with 49-50, not meeting the 60 votes required to move forward.
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This would grant the regulator enhanced powers to proactively enforce rules and restrict problematic advertising channels effectively.
Gambling ads are currently monitored by ASA under the CAP 16.1 code. Just this week, Midnite received its third ASA ruling. The operator was told to remove a TikTok advertisement that featured a young-looking character.
The report singled out several marketing tactics which had been flagged as particuarly concerning.
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“Our role as a regulator is not to stand in the way of innovation, but to help create the certainty and confidence needed for innovation to flourish responsibly,” Mizzi said.
The charter does not create new regulatory obligations and was designed to complement legislation including the EU AI Act and GDPR.
Instead, it proposed a risk-based approach. It suggested lighter controls on use cases such as coding assistants, but strong checks on customer-facing functions, particularly those involving fraud and responsible gambling.
