The Regulatory Gap
Why Nobody Stopped This
The House Always Wins, Post 6 | February 6, 2026
Post 1: The House Problem — The NFL owns the house
Post 2: The Data Advantage — NGS data enables unfair odds
Post 3: The Odds Shift — House edge doubled since 2019
Post 4: The Real-Time Edge — Lines move before you see the play
Post 5: The Historical Pattern — NFL has hidden revenue before
Post 6: The Regulatory Gap ← YOU ARE HERE — Why no one stopped this
Post 7: The Legal Exposure — Class actions, antitrust, consumer fraud
What Gaming Commissions Are Supposed to Do
State gaming commissions exist to regulate gambling within their jurisdictions. Their mandate typically includes:
- Licensing: Approve which sportsbooks can operate in the state
- Fair gaming standards: Ensure odds are set fairly and transparently
- Consumer protection: Investigate complaints, prevent fraud, protect problem gamblers
- Integrity monitoring: Prevent match-fixing, insider betting, and manipulation
- Revenue collection: Collect taxes and fees from sportsbook operators
In theory, gaming commissions should have investigated the NFL-Genius Sports data deals. The conflicts are obvious:
- NFL owns Genius Sports (largest shareholder)
- Genius distributes NGS data to sportsbooks
- NGS data enables high-margin bets (SGPs with 20%+ house edge)
- NFL profits when betting volume increases
- Team owners own undisclosed stakes in sportsbooks
These are the kind of conflicts that should trigger regulatory scrutiny. Does the NFL's financial interest in Genius create integrity risks? Are sportsbooks using data to create unfair advantages? Should conflicts be disclosed to bettors?
But gaming commissions didn't ask these questions. They approved the deals. And they justified approval using one word: integrity.
The "Integrity Monitoring" Excuse
When the NFL-Genius Sports partnership was announced in April 2021, the league framed it as an "integrity monitoring" deal. The pitch:
Official data from Genius Sports ensures the accuracy and legitimacy of betting markets. Sportsbooks using unofficial data (scraped from broadcasts, manually tracked, or sourced from third parties) are vulnerable to errors, delays, and potential manipulation.
By requiring sportsbooks to use official data, the NFL and Genius argued they were protecting bettors and preserving the integrity of the game.
Gaming commissions bought this argument. In some states, commissions went further — they made official data mandatory.
Illinois and Tennessee both passed regulations requiring sportsbooks to use official league data for in-game (live) betting. The rationale: official data is more accurate and timely than unofficial sources, so mandating it ensures bet settlement is based on correct information.
But "integrity monitoring" does a lot of work here. Let's unpack what it actually means:
Integrity = Accuracy. Official data is accurate because it comes from RFID sensors and official league feeds. It's not manually tracked or estimated. It's precise.
But accuracy isn't the same as fairness. A bet can be priced accurately (based on real data) while still being designed to maximize house profit. Genius Sports' "predictive pricing" models do exactly this — they use accurate NGS data to generate odds that maximize sportsbook profit, not to reflect true probability.
Integrity ≠ Fair odds. The "integrity" framing allows sportsbooks and leagues to claim they're protecting bettors while actually protecting their own profit margins.
And gaming commissions accepted this framing without investigating whether "integrity monitoring" was cover for data monopolies and inflated house edges.
THE NFL'S PITCH:
• Genius Sports provides "official" NGS data to ensure accuracy
• Sportsbooks using unofficial data are vulnerable to errors/manipulation
• Exclusive data deals protect bettors and preserve game integrity
WHAT "INTEGRITY" ACTUALLY MEANS:
• Accuracy: NGS data is precise (comes from RFID sensors)
• Monopoly protection: Exclusive deals eliminate competition
• Regulatory justification: Commissions approve deals as "consumer protection"
WHAT "INTEGRITY" DOESN'T MEAN:
• Fair odds: NGS data is used to maximize house profit, not reflect true probability
• Information symmetry: Bettors can't access NGS data, sportsbooks can
• Consumer protection: Bettors disadvantaged by exclusive deals they're not party to
STATE MANDATES (REGULATORY CAPTURE):
• Illinois: Requires sportsbooks to use official data for in-game betting
• Tennessee: Same requirement
• Effect: Locks in Genius monopoly, inflates data costs (passed to bettors via worse odds)
• Who benefits: Genius Sports (guaranteed revenue), NFL (Genius equity appreciates)
• Who loses: Bettors (worse odds due to monopoly pricing)
GAMING COMMISSION ROLE:
Approved NFL-Genius deals without investigating conflicts. Made official data
mandatory without analyzing whether monopolies harm consumers. Framed data
requirements as "integrity" instead of "monopoly protection."
This is regulatory capture: using consumer protection language to justify
arrangements that benefit regulated entities at consumer expense.
What Regulators Didn't Investigate
Here's what gaming commissions should have investigated — but didn't:
1. Does the NFL's Equity in Genius Create Conflicts?
The NFL owns the largest stake in Genius Sports. Genius earns revenue when sportsbooks use NGS data. The NFL profits when Genius profits.
The conflict: The NFL has a financial incentive to maximize betting volume and ensure Genius remains the exclusive data provider. Does this create integrity risks? Does it influence how the NFL operates (game scheduling, injury reporting, officiating)?
Gaming commissions never asked. The NFL-Genius partnership was approved as an "integrity" deal. The equity conflict was never disclosed in commission filings.
2. Do Team Owners' Sportsbook Stakes Create Conflicts?
NFL rules allow owners to hold up to 5% stakes in sportsbook operators. But the NFL won't disclose which owners own which stakes.
The conflict: If an owner has a financial interest in DraftKings, and their team plays a primetime game, does the owner profit when bettors lose on that game? Does the owner have incentive to influence outcomes or maximize betting volume?
Gaming commissions never investigated. No disclosure requirements exist for owner sportsbook stakes.
3. Does NGS Data Give Sportsbooks an Unfair Advantage?
Sportsbooks use NGS data to price Same Game Parlays, adjust live odds, and model fatigue/injury risk. Bettors don't have access to this data.
The question: Is this information asymmetry fair under state gaming laws? Many states require odds to be "fair" or "not designed to defraud." Does using data bettors can't access violate those standards?
Gaming commissions never investigated. SGPs with 20%+ house edge were approved without analysis of whether NGS data creates unfair advantages.
4. Are Broadcast Delays Creating Structural Unfairness in Live Betting?
Sportsbooks see plays 10-52 seconds before TV viewers (Post 4 documented this). In-game betting is 50% of the market. Every bet is disadvantaged by delays.
The question: Should commissions require sportsbooks to disclose broadcast delays to bettors? Should there be time limits on when in-game bets can be accepted (e.g., no bets accepted within 10 seconds of a play to account for delays)?
Gaming commissions have done nothing. No disclosure requirements. No time limits. No investigation of whether delays create unfair conditions.
5. Why Did House Edge Double After NGS Data Became Available?
National sportsbook hold went from 5.4% (historical) to 9.3% (2024). That's a 72% increase in house advantage. The timeline matches the Genius Sports deal (April 2021) and SGP rollout (late 2021).
The question: Did NGS data enable sportsbooks to systematically increase house edge? Should commissions investigate whether data advantages translated into bettor harm?
Gaming commissions never asked. The increased hold was treated as market dynamics, not as evidence of potential unfair practices.
QUESTION 1: NFL-GENIUS EQUITY CONFLICT
• NFL owns largest stake in Genius Sports
• Genius profits when betting volume increases
• NFL profits when Genius profits
• Did commissions investigate conflict? NO
• Why not? NFL-Genius partnership framed as "integrity monitoring"
QUESTION 2: OWNER SPORTSBOOK STAKES
• Owners can own up to 5% of sportsbooks
• NFL won't disclose which owners own what
• Owners may profit from bets on their own teams
• Did commissions require disclosure? NO
• Why not? No regulatory mandate to disclose owner stakes
QUESTION 3: NGS DATA ADVANTAGE
• Sportsbooks use NGS data bettors can't access
• SGPs have 20%+ house edge vs 5% straight bets
• Data advantage enables higher margins
• Did commissions investigate fairness? NO
• Why not? No framework for evaluating "data asymmetry" in gaming law
QUESTION 4: BROADCAST DELAY UNFAIRNESS
• Sportsbooks see plays 10-52 seconds before TV viewers
• In-game betting = 50% of market, all disadvantaged
• Lines move before bettors see outcomes
• Did commissions require delay disclosures? NO
• Why not? Live betting approved without analysis of timing advantage
QUESTION 5: HOUSE EDGE INCREASE
• Hold went from 5.4% → 9.3% (72% increase)
• Timeline matches NGS data availability (2021)
• Extra $1.37B in sportsbook profit on NFL bets (2024)
• Did commissions investigate cause? NO
• Why not? Treated as "market dynamics" not regulatory issue
THE PATTERN:
Gaming commissions approved every piece of the system without investigating
conflicts, advantages, or harm to bettors. Regulatory oversight focused on
licensing and tax collection — not on whether the system is fair.
Academic Research Shows the System Is Broken
While gaming commissions weren't investigating, academics were studying sports betting markets. And they found persistent inefficiencies — evidence that odds are systematically mispriced in ways that benefit sportsbooks.
Princeton thesis (2022): Studied NFL betting markets post-PASPA (2018-2021). Found reverse favorite-longshot bias and profitable betting strategies. Conclusion: Markets show persistent inefficiencies despite access to sophisticated data.
2022 academic paper: Analyzed weak-form inefficiencies in NFL, college football, college basketball, and MLB. Found profitable underdog strategies in specific spread ranges. Conclusion: Markets are inefficient, especially for away underdogs in close games.
2019 SSRN paper: Documented profitable betting strategies from 2003-2016, including divisional rival biases and underdog pricing errors. Conclusion: Systematic inefficiencies exist and persist over time.
Here's what this means:
If betting markets were efficient, it would be nearly impossible to find profitable strategies. The odds would accurately reflect true probabilities. But academic research consistently finds profitable patterns — situations where bettors can win systematically by exploiting mispriced lines.
This suggests one of two things:
- Sportsbooks are bad at setting odds (unlikely — they have NGS data, predictive models, and decades of experience)
- Sportsbooks deliberately introduce inefficiencies to attract recreational bettors while protecting themselves on high-margin bets (SGPs)
The second explanation fits the evidence. Sportsbooks offer "fair" odds on straight bets (to attract sharp bettors and provide market liquidity) while pushing recreational bettors toward SGPs with 20%+ house edge.
The inefficiencies aren't mistakes. They're features. And gaming commissions never investigated why markets that should be efficient (given sportsbook access to NGS data) remain systematically mispriced.
PRINCETON THESIS (2022):
• Studied NFL betting 2018-2021 (post-PASPA, early NGS era)
• Found: Reverse favorite-longshot bias (bet favorites close spreads, dogs large spreads)
• Found: Profitable strategy betting underdogs when >50% public money on favorites
• Conclusion: Markets show persistent inefficiencies despite data availability
2022 ACADEMIC PAPER (Weak-Form Inefficiencies):
• Analyzed NFL, college football/basketball, MLB (large datasets)
• Found: Profitable away underdog bets in specific spread ranges (win prob 0.3-0.7)
• Found: Sportsbooks overvalue home field advantage in close games
• Conclusion: Systematic pricing errors exist
2019 SSRN PAPER (2003-2016 Data):
• Documented: Divisional rival biases, underdog pricing errors
• Found: Profitable strategies exploiting persistent patterns
• Conclusion: Inefficiencies aren't random — they're structural
WHAT THIS MEANS:
If sportsbooks have NGS data, predictive models, and decades of experience,
markets should be highly efficient. The fact that academic research consistently
finds profitable strategies suggests deliberate inefficiencies.
THE THEORY:
Sportsbooks offer "fair" straight bets (5% edge) to attract sharp bettors and
provide liquidity. But they push recreational bettors toward SGPs (20%+ edge)
via app design, promotions, and gamification. The inefficiencies on straight
bets are tolerable losses — offset by massive profits on parlays.
WHY COMMISSIONS SHOULD CARE:
If markets are deliberately inefficient to exploit recreational bettors, that's
a consumer protection issue. Gaming commissions should investigate whether
sportsbooks are using data advantages to segment markets and extract maximum
value from unsophisticated bettors.
The Patent That Admits Odds Aren't Fair
In the research for this series, we found an AI betting algorithm patent (US20220148364A1) that includes a remarkable admission:
"Betting lines are not designed to reflect the real and accurate probability of either outcome."
That's in a patent. A system designed to set betting odds explicitly states that the odds aren't designed to reflect true probability.
So what are they designed to do?
Maximize sportsbook profit.
The patent describes algorithms that use multiple odds-making formulas, cross them with AI predictions, and adjust based on historical profitability. The goal isn't accuracy. It's profit maximization.
This should be a red flag for gaming commissions. Many state gaming laws require that odds be "fair" or "not designed to defraud bettors." If odds are explicitly designed to maximize house profit rather than reflect true probability, does that violate fair gaming standards?
Gaming commissions haven't investigated. The patent exists. The admission is public. But no regulator has questioned whether this violates consumer protection mandates.
Why Didn't Regulators Act?
The simplest explanation: regulatory capture.
Regulatory capture occurs when a regulatory agency, created to protect the public interest, instead advances the interests of the industry it's supposed to regulate.
In sports betting, capture happens through:
1. Revenue dependence: Gaming commissions rely on tax revenue from sportsbooks. If betting volume drops, state tax revenue drops. Commissions have incentive to approve arrangements that increase volume — even if those arrangements disadvantage bettors.
2. Information asymmetry: Sportsbooks and leagues have far more data and expertise than regulators. When the NFL and Genius Sports present a data deal as "integrity monitoring," commissions lack the resources to independently verify whether that framing is accurate.
3. Lobbying: The NFL spent $2 million on lobbying in 2025. DraftKings and FanDuel spend millions more. They lobby for favorable regulations, including official data mandates that protect their partnerships with Genius Sports.
4. Revolving door: Regulators sometimes leave for industry jobs. The prospect of future employment creates incentive to be friendly to the industry being regulated.
5. Narrow mandate: Many gaming commissions see their role as licensing and tax collection — not consumer protection. They approve deals that generate revenue without investigating whether those deals harm bettors.
The result: gaming commissions approved the NFL-Genius data deals, approved SGP products with 20%+ house edge, approved mandatory official data rules that lock in monopolies, and never investigated the conflicts or advantages that make the system unfair.
HOW IT WORKS:
Gaming commissions created to protect bettors instead advance interests of
sportsbooks and leagues.
MECHANISM 1: REVENUE DEPENDENCE
• Commissions rely on sportsbook tax revenue
• More betting volume = more state revenue
• Incentive: Approve arrangements that increase volume (even if unfair to bettors)
MECHANISM 2: INFORMATION ASYMMETRY
• Sportsbooks/leagues have data and expertise regulators lack
• NFL frames Genius deal as "integrity monitoring"
• Commissions can't independently verify — must trust industry claims
MECHANISM 3: LOBBYING
• NFL: $2M lobbying spend (2025)
• DraftKings/FanDuel: Millions more
• Lobby for official data mandates that protect Genius monopoly
MECHANISM 4: REVOLVING DOOR
• Regulators leave for industry jobs
• Prospect of future employment creates friendly regulation
MECHANISM 5: NARROW MANDATE
• Commissions focus on licensing and tax collection
• Consumer protection is secondary
• Approve deals that generate revenue without investigating harm
THE RESULT:
• NFL-Genius deals approved without investigating conflicts
• SGPs approved without analyzing 20%+ house edge
• Official data mandates approved without analyzing monopoly effects
• No investigations into information asymmetry, broadcast delays, or house edge increases
Regulatory capture means the watchdogs approved the system that harms consumers.
What Should Have Happened
Gaming commissions should have investigated:
- Conflicts of interest: Require disclosure of NFL equity stakes in Genius, team owner stakes in sportsbooks
- Data advantages: Analyze whether NGS data creates unfair information asymmetry
- House edge trends: Investigate why hold rates doubled post-2019
- Broadcast delays: Require disclosure to bettors, impose time limits on in-game bets
- SGP fairness: Analyze whether 20%+ house edge violates fair gaming standards
- Market inefficiencies: Investigate academic findings of systematic mispricing
- Official data mandates: Analyze whether monopolies inflate costs and harm consumers
None of this happened. And the system was approved without scrutiny.
Post 7 will show what happens when regulators don't act: legal exposure. Class actions, consumer protection violations, antitrust claims. The courts will decide what the commissions didn't.
WHAT'S CONFIRMED (Primary Sources):
• Illinois/Tennessee official data mandates: State gaming commission regulations, publicly available
• Academic research on inefficiencies: Princeton thesis (2022), academic papers (2022, 2019) documented with citations
• Patent quote: US20220148364A1 — "Betting lines are not designed to reflect the real and accurate probability of either outcome"
• NFL lobbying spend: $2M (2025) confirmed via lobbying disclosure reports
• Gaming commission approval process: NFL-Genius deals approved, SGPs approved, no investigations found in public records
WHAT'S INFERRED (Clearly Labeled):
• "Regulatory capture": Our characterization based on pattern of non-investigation despite obvious conflicts
• "Should have investigated": Our assessment of what regulatory oversight should include
• "Deliberate inefficiencies": Our theory based on academic findings + sportsbook behavior patterns
WHY THIS MATTERS:
Gaming commissions exist to protect consumers. They approved a system that disadvantages bettors via conflicts, data asymmetry, timing advantages, and inflated house edges. This is regulatory failure — and it created legal exposure (Post 7).



