I think the key to look for (I haven't been paying attention enough to the new ETF to know) is, if the CBOE is trying to change the rules in the same way that Winklevoss ETF did. Which they require some safeguards to manipulation according to their shit response.
They said that they would approve something with existing futures markets if "an ETP listing exchange...demonstrates in a proposed rule change that it will be able to address the risk of fraud and manipulation by sharing surveillance information with a regulated market of significant size related to bitcoin"
Is this what CBOE is doing?
The point is there is not yet a regulated market of sufficient size.
Give it a couple of years. Then moon.