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The DEATH BETS Act: Balancing Information Discovery and Moral Hazard in Prediction Markets

· 9 min read
Dora Noda
Software Engineer

Someone made $553,000 betting on a world leader's death — hours before the bombs fell. Now Congress wants to shut it down. The DEATH BETS Act, introduced this week by Senator Adam Schiff and Representative Mike Levin, would permanently ban prediction market contracts tied to war, terrorism, assassination, and individual deaths. The bill arrives at a moment when the prediction market industry is exploding — $5.9 billion in weekly volume and $20 billion valuations — and forces a fundamental question: where does information discovery end and moral hazard begin?

From Niche Curiosity to $64 Billion Industry

Prediction markets were a fringe experiment just two years ago. Monthly trading volume in early 2024 hovered below $100 million. By December 2025, that figure had surged past $13 billion per month, with full-year global volume reaching nearly $64 billion — a 400% increase from 2024.

Two platforms dominate the space. Kalshi, a US-regulated designated contract market, posted $17.1 billion in 2025 trading volume and recently crossed a $1.5 billion revenue run rate. Polymarket, a crypto-native platform operating largely outside US jurisdiction, handled $21.5 billion in 2025. Together they command 85–90% of global prediction market volume. Both are targeting $20 billion valuations in upcoming funding rounds.

The growth has been turbocharged by sports betting (which now comprises the majority of trading activity) and high-profile political events. But it is the geopolitical contracts — bets on wars, strikes, and regime change — that have drawn the sharpest scrutiny.

$529 Million on Iran: The Catalyst

The immediate catalyst for the DEATH BETS Act was the explosion of wagering around the US military campaign against Iran in early 2026. According to TechCrunch reporting, $529 million was traded on Polymarket contracts tied to the timing and scope of the attack — making it one of the platform's largest markets ever.

The numbers were staggering, but the details were worse. Crypto-analytics firm Bubblemaps identified six newly created Polymarket accounts that collectively made $1.2 million by correctly betting the US would strike Iran by February 28. The accounts were all created in February and had only ever placed bets on strike timing. Some purchased shares at roughly ten cents apiece, hours before the first explosions were reported in Tehran.

One account, trading under the username "Magamyman," made more than $553,000 placing bets on Iran and its Supreme Leader, Ayatollah Ali Khamenei, just before an Israeli strike killed him. In February, Israeli authorities arrested and charged a civilian and a military reservist on suspicion of using classified information to place wagers on the platform.

The pattern raised an obvious question: were people with access to military intelligence profiting from advance knowledge of strikes? While investigators could not confirm the traders had insider connections, the circumstantial evidence was enough to trigger a bipartisan outcry.

What the DEATH BETS Act Would Do

The bill's full name — the Discouraging Exploitative Assassination, Tragedy, and Harm Betting in Event Trading Systems Act — leaves little ambiguity about its intent. The legislation would amend the Commodity Exchange Act to impose a categorical ban on any CFTC-registered exchange listing contracts involving:

  • Terrorism or terrorist acts
  • Assassination of individuals
  • War or armed conflict
  • An individual's death

Currently, the CFTC has discretionary authority to block event contracts it deems "contrary to the public interest." The DEATH BETS Act would remove that discretion and replace it with a bright-line prohibition. No case-by-case analysis. No weighing of information value against moral cost. These categories would be permanently off-limits for regulated platforms.

"Betting on war and death creates an environment in which insiders can profit off of classified information, our national security is jeopardized, and violence is encouraged," Senator Schiff stated in the bill's announcement. Representative Levin cited the $500 million-plus wagered on Iran strike timing as evidence that the current framework is inadequate.

The Information Discovery Defense

Proponents of prediction markets argue that these contracts serve a vital function: aggregating dispersed information into accurate probability estimates. Academic research consistently shows that prediction markets outperform polls, pundit forecasts, and expert panels in predicting outcomes — from elections to economic indicators.

The defense extends to geopolitical events. When a prediction market prices the probability of a military strike at 85%, it is synthesizing thousands of individual assessments of publicly available intelligence, diplomatic signals, and historical patterns. This information has genuine value for businesses managing supply chain risk, investors hedging portfolios, and journalists interpreting complex situations.

First Amendment advocates add a constitutional dimension. If prediction markets are a form of expression — participants communicating their beliefs about future events through financial transactions — then categorical bans on specific topics face heightened judicial scrutiny. The argument has particular force when the banned topics are inherently political.

The Moral Hazard Counterargument

Critics counter that geopolitical prediction markets create perverse incentives that no amount of information value can justify. The core concern is straightforward: when people can profit from death and destruction, some will be incentivized to cause or facilitate those outcomes.

The insider trading dimension amplifies this worry. Military operations involve thousands of personnel with varying levels of access to classified information. If even a fraction of those individuals can monetize their knowledge through anonymous, crypto-based prediction markets, the integrity of national security operations is compromised. The Israeli arrests demonstrated this is not a theoretical concern.

There is also the question of taste and public morality. Polymarket hosted contracts on whether specific world leaders would be killed — and traders celebrated profitable outcomes in real time. For many observers, the spectacle of financial markets cheering death crosses a line that no efficiency argument can justify.

The Regulatory Landscape: A Three-Way Tug of War

The DEATH BETS Act enters a regulatory environment already in flux. Three competing forces are shaping prediction market oversight:

1. CFTC Rulemaking

On March 12, 2026, the CFTC launched a formal rulemaking process for prediction markets — its most significant regulatory action in the space to date. The six-page advisory asserted federal authority over event contracts and opened a 45-day public comment window. Chairman Michael Selig has outlined an agenda that includes guidance on which contracts are permissible and how designated contract markets should clear new products.

The CFTC's approach favors principles-based regulation: contracts must not be "readily susceptible to manipulation" and must not be "contrary to the public interest." This framework preserves regulatory flexibility but leaves significant gray areas.

2. State-Level Challenges

Multiple states have sued prediction market platforms, arguing that event contracts constitute gambling under state law. The jurisdictional question — whether CFTC federal preemption overrides state gaming authority — is widely expected to reach the Supreme Court. The CFTC's March advisory explicitly asserted federal primacy, setting up a direct collision with state regulators.

3. The Offshore Reality

Perhaps the most significant challenge is enforcement. Polymarket, the platform where the most controversial Iran bets occurred, operates outside US regulatory jurisdiction. American users access the platform through VPNs and cryptocurrency — neither of which the DEATH BETS Act can easily reach. A ban limited to CFTC-registered exchanges would push controversial contracts to offshore platforms while leaving the underlying demand intact.

Will It Pass? The Political Calculus

The honest assessment: probably not in its current form. Republicans control the Senate majority through at least the end of 2026. The Trump administration has been broadly supportive of prediction markets, and the CFTC under Chairman Selig has signaled a preference for rulemaking over legislative prohibition. Even some Democrats privately acknowledge that a categorical ban may be too blunt an instrument.

But the bill's impact may not depend on passage. By forcing a public debate about the ethics of death and war contracts, the DEATH BETS Act pressures the CFTC to address these categories in its ongoing rulemaking. It also creates a legislative template that could be revived if a future incident — say, confirmed insider trading on a military operation — generates sufficient public outrage.

The prediction market industry itself appears to be reading the room. Kalshi, the US-regulated platform, already voluntarily avoids contracts on assassination, war, and terrorism. Its competitive strategy increasingly emphasizes regulatory compliance as a differentiator against offshore rivals. The DEATH BETS Act, paradoxically, may strengthen Kalshi's market position by codifying restrictions it already follows.

What This Means for the $9 Billion Sector

The prediction market industry faces a defining moment. With combined weekly volume exceeding $5.9 billion and both leading platforms pursuing $20 billion valuations, the financial stakes are enormous. But the sector's long-term viability depends on navigating the tension between information value and moral boundaries.

Three scenarios are most likely:

Scenario 1: Selective Prohibition. The CFTC's rulemaking process produces bright-line bans on death, assassination, and terrorism contracts while permitting other geopolitical events. This fragments the market but preserves most of the industry's growth trajectory.

Scenario 2: Self-Regulation. Industry leaders voluntarily adopt restrictions on the most controversial categories, pre-empting legislative action. This is already happening to some degree with Kalshi's approach.

Scenario 3: Offshore Migration. Regulatory pressure on US-registered platforms pushes controversial contracts entirely to offshore, crypto-native platforms beyond regulatory reach — the worst outcome for those concerned about insider trading and market integrity.

The most likely outcome is a combination of the first two: CFTC rules that formalize existing industry norms, combined with continued enforcement challenges against offshore platforms. The DEATH BETS Act may never become law, but it has already changed the conversation.

The Deeper Question

Beyond the policy debate, the DEATH BETS Act forces a reckoning with a question that prediction market enthusiasts have largely avoided: does the right to bet on anything include the right to bet on anyone's death?

The information discovery argument is compelling in the abstract. In practice, watching anonymous traders celebrate profits timed to missile strikes raises questions that efficiency metrics cannot answer. The prediction market industry's $64 billion moment of truth is not really about regulation. It is about whether an industry built on the premise that markets know best can acknowledge that some knowledge comes at too high a price.


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