Because facts-based rulemaking does not anticipate the regulatory issues created by innovation, rulemakers may realize far too late, or never, what new regulatory demands a given innovation generates.
Source quote, verbatim
facts-based rulemaking did not anticipate regulatory issues created by innovation, rulemakers may not at all or much too late realize what new regulatory demands apply to a given innovation and associated regulatory issue.
From
Wulf A. Kaal, Erik P.M. Vermeulen, How to Regulate Disruptive Innovation - From Facts to Data (2016), III.1 Ex Post Facts-Based (Trial-and-Error) Rulemaking, p. 18 https://ssrn.com/abstract=2808132 · source PDF
Cite as
Wulf A. Kaal, Erik P.M. Vermeulen, How to Regulate Disruptive Innovation - From Facts to Data (2016). SSRN: https://ssrn.com/abstract=2808132
Holds when
age of exponential innovation
purely reactive facts-based rulemaking
Classification
failuresupport: arguedfailure: Late or absent recognition of regulatory needfamily: regulatory-lagdynamic-regulationregulatory-failure
Related claims
restated_bykaal:claim:2957645-002 Facts-based, ex-post, trial-and-error rulemaking cannot anticipate the regulatory issues created by innovation...
restated_bykaal:claim:2831040-007 Facts based, ex post, trial and error rulemaking cannot anticipate the regulatory issues created by innovation...
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