Death of Clarity Act crypto framework bill could be both good and bad for gaming stakeholders

The Digital Asset Market Clarity Act, a long-hyped piece of legislation establishing a federal framework for cryptocurrency, failed to clear a key Senate vote this week and now looks dead for 2026, which represents a resounding defeat for crypto stakeholders that has multiple ramifications for the gaming industry.

At least 60 ‘yes’ votes were needed to move the legislation towards passage, but the final tally of 49-50 didn’t even reach a majority after four Republican lawmakers broke ranks to oppose the market structure bill. With critical midterm elections approaching in November, there is little chance that the issue will be picked back up in the balance of the Congressional session.

Notably, it was ethics concerns that ultimately stymied the bill. Lawmakers from both sides did not feel that an updated version of the text released Sunday went far enough in addressing concerns related to senior officials maintaining or endorsing crypto business ties.

“This legislation failed squarely because Republicans refuse to say no to the president,” Arizona Senator Ruben Gallego said in a statement. “It takes 60 votes to pass a bill, and instead of spending their time twisting themselves into knots to appease President Trump, Republicans should have worked more closely with Senate Democrats to craft a bill that could pass with strong ethics provisions.”

Wyoming Senator Cynthia Lummis, the leading negotiator for Republicans, berated her Democratic colleagues in a statement, saying they “played games” and “were never truly serious about protecting consumers”.

“The Democrats are now anti-American. Sad!,” she said.

Tribal gaming leaders rejoice

The death of the Clarity Act can be viewed as a victory for gaming stakeholders in their fight against prediction markets, which are closely intertwined with the crypto world. Crypto markets have long been the second-largest category of prediction market trading, behind sports, and many crypto exchanges also now offer predictions. These include Crypto.com, Coinbase, Gemini and many others.

On 16 June, a coalition of gaming lobby groups, state associations and labour unions sent a letter to the Senate urging lawmakers to include language in the bill banning sports and casino-related contracts. Among the signatories were the American Gaming Association, the Indian Gaming Association, the Association of Gaming Equipment Manufacturers and the UNITE HERE unions.

“Litigation may eventually clarify the law, but this is ultimately a question of congressional intent. Congress should not wait while this nationwide expansion of gambling continues,” the letter said. “It should use crypto legislation to reaffirm a simple principle: sports betting falls outside the CFTC’s remit and cannot be offered through prediction market platforms.”

Following the vote, IGA Chairman David Bean said in a statement that the Senate “did the right thing” by not advancing the bill. The Clarity Act “could have expanded CFTC commodities authority” without clear protections, Bean said, but he cautioned that “it is not the end of this fight”.

The AGA declined to comment Thursday, and directed iGB to the June letter.

Uncertainty for Selig’s crypto agenda

The failure to secure passage of the bill is a stinging defeat for both crypto-connected prediction operators and the CFTC, which has fully embraced the advance of digital assets under Chairman Michael Selig. Interest groups and political action committees had spent countless hours and millions of dollars lobbying for the legislation.

In statements, op-eds and media interviews since his appointment, Selig had pounded the table for a federal crypto framework. As the IGA’s Bean alluded to, the Clarity Act would have given the agency a number of new duties and authorities related to the new assets at a time when the commission’s existing workload has been cause for concern. There are typically five sitting CFTC commissioners at any given time, but Selig is currently the lone sitting commissioner with no other nominations submitted.

Selig recently hosted a meeting of the CFTC’s so-called Innovation Advisory Committee, which featured extensive discussion about crypto from leading CEOs. The committee’s charter says members pledge to “provide advice and recommendations” on several topics, including crypto assets and blockchain technology.

Moving forward, the absence of a law makes any rules or advisories issued by the CFTC or the Securities and Exchange Commission vulnerable to being reversed or challenged in court, per CoinDesk.

Negative effects for regulated industry?

Prediction markets aside, the absence of crypto on a federal level may have some drag on the regulated industry, especially in the iGaming and sports betting space.

Younger patrons are increasingly familiar with crypto, but the lack of regulatory adoption in the regulated space can push bettors to offshore or unlicensed platforms, most of which do accept it. At the ICE Barcelona conference in 2025, a panel of international sports betting CEOs lamented the fact that they were barred from adopting crypto, while their black-market competitors were not.

A report released in June by payment provider Paysafe said the percentage of online sports bettors who crypto is 64%, more than double the US average of 30%. Crypto deposits are only legal in two states, Wyoming and Colorado, but crypto withdrawals are not legal anywhere — 85% of respondents said they would welcome withdrawals as an option, Paysafe said.

“When permitted, crypto would become a top-3 payment option for funding deposits (after digital wallets and debit cards), and a top-2 payment preference in New York and Illinois,” the report said.