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The distinction matters for crypto businesses. The filing shows regulatory work is moving forward, but exchanges and other market participants cannot yet consider it a set of rules they must adhere to. 

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. 

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Referencing an Australian study on direct marketing and its link to gambling harms, Dr Philip Newall, senior lecturer at the University of Bristol noted that “causality was established by getting a random subset of participants to opt-out of receiving direct marketing offers”.

It was found that “this group then self-reported significantly lower expenditure and harms [ … ] over the next two weeks”.  

They recommended banning direct marketing by operators and affiliates except for essential account or safety communications.

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While appearing before Navarro on Thursday, Rashid admitted to a series of breaches of his supervised release that prosecutors said showed he had not reformed.

They included tampering with a witness, lying to probation officers about a cell phone, illegally recording a phone call, maintaining a concealed “sex room” inside his home, failing a drug test, and associating with a convicted felon.

Navarro told Rashid she doubted his claims of rehabilitation, saying she was “very disappointed” and “not sure I believe” he is a changed person.