“prediction market insiders may owe no duty, so insider trading law misses them”
Congressional Research Service legal sidebar analyzing whether and how insider trading law applies to prediction markets. Walks through SEC Rule 10b-5, CFTC Rule 180.1, the STOCK Act, and Title 18 criminal statutes, then examines the CFTC's February 2026 advisory on two Kalshi enforcement actions. Identifies the core gap: existing law requires breach of a duty, but many prediction market insiders (e.g., a political candidate betting on his own race) may not owe one. Surveys four pending bills in the 119th Congress that would close this gap in different ways.
Extensive technical background assumed
Platforms mentioned: Kalshi, Polymarket