CFTC Moves to Cement Protections for Non-Custodial Software Developers

According to CFTC Chairman Michael Selig, the agency is considering formal rules to protect non-custodial software developers after its March no-action letter to Phantom, while also asserting jurisdiction over prediction markets.

Summary

The U.S. Commodity Futures Trading Commission is considering formal rules to strengthen protections for non-custodial software developers, according to CFTC Chairman Michael Selig. The effort follows the agency’s March no-action letter to Phantom, a crypto wallet provider, which indicated limited enforcement risk under specific conditions. Selig also said prediction markets fall under CFTC jurisdiction, adding a broader regulatory dimension to the agency’s current stance. The development is significant because it could provide clearer regulatory treatment for wallet and blockchain software developers in the United States while reaffirming the CFTC’s oversight of prediction markets.

Terms & Concepts
  • Non-custodial software: Software that lets users keep direct control of their digital assets instead of relying on a third party to hold them.
  • No-action letter: A regulator’s notice stating that it does not intend to recommend enforcement action under specified conditions.
  • Prediction markets: Markets where participants trade on the expected outcome of future events, which Selig said fall under CFTC jurisdiction.