For years, perpetual futures have been crypto's most traded instrument and almost none of that volume has touched U.S.-regulated infrastructure. Until now. The Commodity Futures Trading Commission (CFTC) formally approved KalshiEX to list BTCPERP, a no-expiry Bitcoin perpetual futures contract tied to spot BTC prices. On the same day, the agency's Market Participants Division issued a staff-level interpretation clearing Coinbase Financial Markets to route U.S. customers to certain derivatives on Deribit, its offshore affiliate. Two very different regulatory moves, made on the same morning, pointed at the same underlying problem: American traders have been effectively locked out of the largest segment of global crypto markets.

 

CFTC Chairman Mike Selig framed the Kalshi order as delivery on a specific commitment to onshore crypto perpetuals, describing the move as a path for one of the most liquid segments of the crypto asset markets to exist inside the U.S. regulatory framework. Coinbase CEO Brian Armstrong put a number to the problem his company says it is solving: until now, U.S. users have been locked out of roughly 80% of global crypto markets, which includes perpetual futures and options. Coinbase cited Deribit's more than $185 billion in July 2025 trading volume and approximately $60 billion in open interest at the time of acquisition to illustrate the scale of what domestic traders could not legally access through regulated channels.

 

What the CFTC Actually Approved

BTCPERP is a cash-settled contract referencing the U.S. dollar spot price of one Bitcoin, as tracked by the CF Benchmarks Bitcoin Real Time Index. It trades in units of one ten-thousandth of a BTC, runs 24 hours a day, seven days a week, and has no fixed expiry date.  Traditional futures converge toward their underlying asset at expiration because physical delivery or final cash settlement pulls the contract to spot. A perpetual has no such date, so the convergence mechanism operates continuously through periodic funding payments between long and short holders. If the contract trades above spot, longs pay shorts. If it trades below, shorts pay longs. The economic pressure keeps the perpetual price tracking Bitcoin in real time.

 

The CFTC's approval leans heavily on Bitcoin's specific market structure as its justification. The order notes Bitcoin's deep, active, and continuous spot trading across broadly distributed venues, with pricing observable around the clock. That depth is what makes the funding rate mechanism credible: arbitrageurs can act while the perpetual is live, since the underlying spot market never closes. The agency was explicit that this reasoning applies to Bitcoin and to similarly structured digital commodities with comparable market depth. Other assets will need to go through a separate review. Bitnomial had previously received certification for a product labeled a perpetual futures contract, but that contract carried a 25-year term limit and is considered a different structure. BTCPERP is the first true no-expiry perpetual to receive a Commission-level order.

 

Two Paths, Very Different Weight

The distinction between the Kalshi approval and the Coinbase staff letter matters more than it might look at first glance. Kalshi's BTCPERP is a Commission-issued order under Section 5c(c)(4) of the Commodity Exchange Act and Regulation 40.3. That is formal product approval, with binding legal weight and a clear compliance framework. Coinbase's route is different in kind. The Market Participants Division issued an interpretation and a no-action position in response to Coinbase Financial Markets. Staff confirmed that certain Deribit digital commodity derivatives may be categorized as foreign futures under Regulation 30.1, and said it would not recommend enforcement action under specified conditions tied to how customer digital assets and stablecoins are handled as margin through Coinbase affiliates.

 

Staff letters are conditional by design. The CFTC was clear: these positions represent the Market Participants Division only, are not binding on the Commission, and can be modified, suspended, or terminated. The Coinbase path is useful for reaching scale quickly because it connects U.S. clients directly to Deribit's existing liquidity pool, which is among the largest in global crypto derivatives. But it carries a thinner precedential footprint. Coinbase said institutional onboarding to Deribit options has already begun, with perpetual futures access and broader retail availability described as coming later, without a hard timeline. Retail access is expected to carry additional eligibility criteria and risk disclosure requirements.

 

The Liquidity Question Nobody Can Answer Yet

Regulatory clearance is the easy part. Getting traders to use a U.S. regulated perpetual when Binance, Bybit, and OKX offer the same exposure with deeper order books and, in most cases, higher leverage, is the actual test. Offshore exchanges process billions of dollars in Bitcoin perp volume on a slow day. The CFTC has been working toward this moment for over a year, issuing a formal request for comment in April 2025 on perpetual derivatives, their benefits, risks, market integrity implications, and customer protection questions. The approvals are, in that sense, the policy answer to the RFI. The market answer comes when Kalshi's BTCPERP goes live and traders decide whether regulated access at U.S. leverage limits is a compelling enough trade-off.

 

The CFTC's case-by-case stance on future perpetual approvals means the template is now set, but the runway is not yet cleared. Ethereum perps, Solana perps, and other digital assets with sufficient spot market depth could follow, but each application needs to clear the same review process independently. Kalshi separately indicated it plans to launch perpetual contracts on more than a dozen currencies pending additional regulatory reviews. CME's parallel push toward 24/7 crypto futures and options trading adds another dimension to the picture: traditional derivatives infrastructure is adapting to match crypto's always-on market structure, while crypto-native exchanges now have a formal path to operate inside U.S. regulatory boundaries. Whether the liquidity follows is a question of product quality, margin efficiency, and distribution reach, and none of that gets answered in an approval order.

 

The next signals are practical: Kalshi's launch terms and funding rate performance, Coinbase's timeline for rolling out perpetual futures through CFM, how retail access gets structured, and whether formal rulemaking eventually hardens the current agency posture into something more durable. For now, U.S.-regulated Bitcoin perps exist. Whether they can actually compete is the harder question, and the market will answer it faster than any regulator. It usually does.