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Thanks, Andrew — a few thoughts from our side:

1. You’re clear that your definition of gambling is not a legal one, but that distinction often gets lost in public discourse. Many people rely on a moral definition and assume the law is supposed to follow it. That’s not workable; legal decisions must follow legal definitions.

2. It’s true that both investing and gambling involve risk, but lumping index funds and Kalshi contracts into the same category isn’t helpful for financial literacy. (Shameless plug: our first podcast was on investing vs. gambling.)

3. We're not sure it’s accurate to say prediction-market executives avoid the word gambling. Kalshi’s advertising strategy and Shane Coplan’s “betting” framing on 60 Minutes are two obvious examples.

4. When you say prediction markets are gambling but some contracts have real social value—that nuance matters, and it’s exactly what tends to get lost. Proponents insist “this is not gambling,” opponents say “it’s nothing but gambling,” and both positions miss how the law actually draws the line. We’ve been critical of both extremes.

5. Your scoring framework echoes elements of Congress’s economic purpose test, but the weight you give to “commercial appeal” skews things, especially for sports. Commercial appeal is the operator’s issue, not the regulator’s. You can’t design law around giving people whatever they want; responsibility and protection are part of the equation.

6. We’re not opposed to people spending their money however they choose, but there are two guardrails: (i) liberty requires transparency—people need to know what they’re buying (e.g., crypto isn’t investing, roulette is gambling); and (ii) liberty has boundaries—your freedom stops where mine starts. For more than a century, the U.S. has concluded that blending futures markets with gambling invites disaster. Transparency alone can’t fix that. Congress has already drawn a hard line, and if we care about democracy, we should care about enforcing the laws. If people don’t like the line, the remedy is congressional action, not legal maneuvering.

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