Is the CFTC's Kalshi Rescue a Dangerous Precedent? - DEX in the City

Watch on YouTube ↗  |  August 19, 2026 at 20:05  |  46:48  |  Unchained (Chopping Block)
Speakers
Jessi Brooks — General Counsel, Ribbit Capital / Co-Host, DEX in the City
Jacob Robinson — Host, Law of Code podcast
Jane Khodarkovsky — Financial integrity and sanctions expert

Summary

The panel discusses CFTC emergency authority shielding Kalshi from state regulators, the canceled SEC crypto market-structure proposal, Anthropic's EU-mandated watermark on Claude, and a presidential memorandum enabling private offensive cyber operations. Host Jessi Brooks debates guests Jacob Robinson and Jane Khodarkovsky on federal versus state authority, AI overregulation, and public-private cyber collaboration. The conversation focuses on regulatory precedent and market-structure uncertainty rather than specific investment recommendations.

  • CFTC used emergency authority twice recently for Kalshi, escalating the federal-state prediction market fight.
  • Jessi argues emergency power normalizes agency overreach; Jacob sees CFTC as protecting regulated exchanges; Jane expects Supreme Court resolution.
  • SEC canceled a rumored 400-page crypto market-structure proposal, prolonging regulatory uncertainty.
  • Anthropic rolled out Claude watermarks worldwide due to the EU AI Act, raising compelled speech and jurisdictional concerns.
  • The panel debates whether EU AI rules will push companies out and punish good actors while failing to stop bad actors.
  • A presidential memorandum lets vetted private companies conduct offensive cyber operations under DOJ/DHS oversight.
  • Jane sees the cyber program as formalized public-private collaboration; Jessi is optimistic but wants strong oversight.
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