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As part of Africa Safer Gambling Week, the AiA has also focused on the illegal market, with Kesitilwe highlighting that offshore operators are harmful for player protection.
For Kesitilwe, tackling the illegal market is not just a regulatory priority but a fundamental player protection issue.
“Oftentimes when you see governments increasing taxes, banning iGaming, it’s mainly because of illegal operators because they don’t comply,” he declares. “An illegal operator may not provide age verification, responsible gambling tools, secure treatment of player funds, or an effective complaints mechanism.
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Operators may not use data from individuals who have self-excluded, are undergoing treatment, or have requested to block marketing in order to attempt to reactivate them. Repeated or intrusive messages and offers directed at users who have reduced their gaming frequency, registered significant losses, triggered limits or shown signs of risky behaviour are also prohibited.
The text also bans exploiting situations of economic crisis, unemployment, debt, emotional distress, grief, anxiety, depression, loneliness, or other conditions of vulnerability to attract, retain or reactivate gamblers.
Operators must maintain permanent mechanisms for age verification, self-exclusion, voluntary time and wagering limits, and information on the user’s own gambling behaviour. Self-exclusion must be effective with all authorised operators.
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It could, therefore, take quite a bit longer than the timing of the initial filing indicates. The CFTC would have to publish its action and solicit public comment after White House review before writing a formal proposed rule. Any final rule would have to undergo another review and comment period before it could take effect.
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.
