The CFTC has used emergency powers just six times ever. Twice this month, both for Kalshi. Jessi, Jacob, and Jane ask whether that protects innovation or sets a dangerous precedent.
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The CFTC has invoked its rarely used emergency authority just six times in its history. Twice in the past month, it did so to shield Kalshi. Jessi Brooks argues that's normalizing a dangerous kind of agency overreach.
With KK Bos and Vy Le away this week, Brooks welcomes Jacob Robinson, host of the Law of Code podcast, and Jane Khodarkovsky, a financial integrity and sanctions expert, to debate whether shielding Kalshi from state regulators protects innovation or tramples states' rights.
They also unpack the SEC's abruptly canceled 400-page market-structure proposal, Anthropic's new EU-mandated watermark on Claude's outputs and the First Amendment questions it raises, and a presidential memorandum letting vetted private companies run offensive cyber operations against foreign criminal groups under DOJ and DHS oversight.
Robinson makes the case for treating the fight against crypto hackers like modern-day privateering — arguing what the industry really needs is its own letter of marque.
Host:
Jessi Brooks, General Counsel at Ribbit Capital
Guest:
Jacob Robinson - Host of the Law of Code podcast
Jane Khodarkovsky - Financial Integrity & Sanctions Expert
Timestamps
🏛️ 02:40 Why Jacob calls the CFTC's Kalshi rescue inevitable, and Jessi disagrees
⚖️ 17:45 Why the reasons behind the SEC's shelved 400-page crypto rulemaking stay murky
💧 21:48 1inch Aqua: See how shared liquidity works at https://1inch.com/aqua
🤖 22:34 Why Claude's new EU-mandated watermark reads as compelled speech to Jacob
🔪 23:24 Jane's take on the watermark rule: a hammer when you need a scalpel
🛰️ 35:21 Jessi previews the CFTC's first public meeting on AI in markets
🔐 36:41 Jane unpacks Trump's memo letting private firms fight cybercrime abroad
🏴☠️ 46:24 Why Jacob wants a modern "letter of marque" for crypto's hackers
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