What was clear is that more than three years after the Dodd-Frank Act was passed and with many deadlines missed and more deadlines on the horizon there is a massive amount of confusion regarding how these products are to be regulated.
Is Bitcoin a "futures contract?" Maybe. A futures contract is not defined in the CEA specifically, but it has been defined in the courts as a commitment to deliver or receive an asset - including U.S. dollars - in the future at a pre-agreed price.
A while back Greece had a problem. The problem was that it wanted to borrow more money, but didn't want to increase its debt. (Because the European Union would frown on it having more debt.) So it went to Goldman Sachs, and Goldman told Greece, well, what you can do is borrow some money from us, but we won't call it debt, because something something something something swaps.