
Selig addresses four criticisms of perpetual futures — duration, leverage, consultation, funding rates. Cites 100+ public comments from 2025. Implications for crypto derivatives oversight and CFTC-SEC boundary.
The U.S. Commodity Futures Trading Commission fired back at four common attacks on cryptocurrency perpetual futures contracts. Chair Michael Selig posted a statement on X addressing what he called misconceptions around contract duration, leverage limits, public consultation, and funding rates.
Selig rejected the argument that perpetuals fall outside the legal definition of a futures contract because they never expire. Neither the Commodity Exchange Act nor CFTC rules requires a fixed expiration or delivery date for a contract to qualify as a futures product, he said. The criteria come from court decisions and commission interpretations, and neither source mandates a predetermined expiration.
On leverage, critics warned that the recently approved BTCPERP contract would give U.S. traders access to 250x. Selig said extreme leverage has historically come from offshore venues, not from the perpetual structure itself. Any perpetual operating under CFTC oversight must comply with the same leverage restrictions that apply to other regulated futures products in the U.S.
Questions about industry consultation surfaced after the approval process. Selig pointed to an April 2025 request for comment that covered both perpetual contracts and 24/7 trading. That request drew more than 100 responses from market participants, including numerous CFTC-registered firms.
Funding rates got a detailed defense. Critics said the mechanism creates high costs and encourages harmful behavior. Selig argued that carrying a traditional futures position can generate similar annualized costs once traders account for reopening and rolling expiring contracts. Funding rates help keep perpetual futures aligned with the underlying spot market rather than promoting misconduct, he said.
The timing goes beyond crypto derivatives. Congress is debating legislation that could redraw the jurisdictional line between the CFTC and the SEC. The commission also recently appointed former SEC crypto task force adviser Donald Battle as chief data innovation officer, citing his background in blockchain analytics, financial investigations, and artificial intelligence.
Beyond crypto, the CFTC has been active in prediction-market disputes. It recently challenged New Mexico officials over state gaming laws applied to Kalshi contracts, arguing that federally regulated event contracts fall under CFTC jurisdiction. The agency is also collecting public feedback on a proposed framework for sports event contracts.
Prepared with AlphaScala research tooling and grounded in primary market data: live prices, fundamentals, SEC filings, hedge-fund holdings, and insider activity. Each story is checked against AlphaScala publishing rules before release. Educational coverage, not personalized advice.