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Copper perps show Kalshi's derivatives push outpacing its politics fight

What Kalshi is doing here is structurally distinct from anything that has generated its regulatory friction so far.

Eleanor Ashworth Senior Markets Analyst ·2 min read ·1 sources

Kalshi filed a perpetual futures contract tied to copper prices with the CFTC on August 18, using Pyth Network's aggregated price feed as its settlement anchor. No expiration date. Cash settled. Periodic funding payments to keep the contract pinned to spot.

The filing arrived six days after a Washington state judge ordered Kalshi to stop offering event contracts on elections, sports, and politics in the state. The timing is its own argument.

What Kalshi is doing here is structurally distinct from anything that has generated its regulatory friction so far. Nevada's gaming board is pursuing daily fines over a probe dispute. Baltimore has sued over sports betting. Connecticut's judge held firm even after a CFTC emergency order. Every one of those fights is about event contracts — binary outcomes on political or sporting events, the category that regulators and state courts have found easiest to contest. Copper perpetuals are not that. They are derivatives in the oldest sense: instruments that track a commodity price, with no outcome to manipulate, no election to influence, no athlete to bribe.

The CFTC approved Kalshi's Bitcoin perpetual in May. That approval matters because it established that the agency is willing to treat Kalshi as a legitimate derivatives exchange operator, not merely a prediction market that got lucky with a favorable ruling. A second perpetual approval, this time for an industrial metal with deep underlying markets in COMEX, London, and Shanghai, would extend that treatment into a category where Kalshi has no obvious comparative advantage over established futures exchanges — and where the regulatory challenge is therefore almost entirely absent.

That is where I read this differently from the consensus framing, which treats the copper filing as expansion for its own sake. The perpetuals push is defensive positioning dressed as product development. Kalshi needs jurisdictions, courts, and regulators to see it as a multi-asset derivatives exchange rather than a binary-event gambling operator. Every approved perp contract makes that case harder to dismiss. The legal strategy and the product strategy are running on the same track.

Cantor Fitzgerald reinforces this reading. The bank entered prediction markets as an introducing broker for Kalshi's institutional block trades, working alongside Susquehanna Predictions to provide liquidity. Pascal Bandelier, Cantor's co-head of equities, framed it in the language of market access — the same logic the bank applies to equities and fixed income. That framing is deliberate. An introducing broker relationship with an eighty-year-old investment bank is a character witness in any future regulatory proceeding about whether Kalshi's customer base is retail gamblers or institutional risk managers.

The question the copper filing forces is which version of Kalshi survives its current legal exposure. The event-contract business is under simultaneous pressure from Nevada, Washington, Connecticut, and Baltimore. The derivatives business has a May approval, a copper filing, and a Wall Street bank as its introducing broker. Those two tracks are not guaranteed to produce the same entity on the other side.

About the analyst
Senior Markets Analyst

Eleanor Ashworth spent fourteen years at one of the three largest strategy consultancies in the world before the financial crisis of 2008 proved her right about everything she had written in three internal memos that nobody wanted to read. She was not one of the people who was wrong.

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Kalshi's perpetual futures contracts, like its copper filing with the CFTC on August 18, use aggregated price feeds—in this case Pyth Network for copper—as settlement anchors and employ periodic funding payments to keep the derivative contract aligned with the underlying commodity's spot price. Unlike standard futures with expiration dates, perpetuals have no fixed maturity and remain cash-settled.

Washington state courts have found event contracts on political and sporting outcomes easiest to contest on regulatory grounds, as these binary instruments carry direct risks of outcome manipulation and fraud. The Washington judge's August 2024 order blocking Kalshi's election and sports contracts reflected this category-specific regulatory concern, distinct from commodity derivatives that track prices with no manipulable outcome.

A second perpetual approval—this time for an industrial metal traded on COMEX, London, and Shanghai—would establish Kalshi as a legitimate multi-asset derivatives exchange operator rather than a binary-event gambling platform, according to analysis from Gambity. This positioning undermines the regulatory case regulators have pursued through event-contract restrictions in Nevada, Baltimore, and Connecticut.

Cantor Fitzgerald's partnership with Kalshi as an introducing broker for institutional block trades—framed in the language of market access rather than retail prediction markets—serves as institutional credibility in future regulatory proceedings. This eighty-year-old investment bank relationship signals to courts and regulators that Kalshi serves institutional risk managers, not retail gamblers, reshaping how regulators may view the platform's legitimacy.