# kaal:claim:2834531-013

**Claim.** The relevant facts on which regulation rests are never going to be obvious or settled, so the regulation of any disruptive new technology will always be reactive and built on an uncertain and politicized factual basis.

**Type.** failure  **Support.** argued

**Holds when.**

- disruptive new technologies

**Source quote.**

> In this respect, the "relevant facts" that form the basis of regulation are never going to be obvious or settled. The regulation of any disruptive new technology is always going to be reactive and based on an uncertain and politicized factual basis.

**From.** Mark Fenwick, Wulf A. Kaal, Erik P. M. Vermeulen, *Regulation Tomorrow What Happens When Technology Is Faster Than the Law* (2017), III. THE FACTUAL BASIS OF MODERN REGULATION, page 14

**Cite as.** Mark Fenwick, Wulf A. Kaal, Erik P. M. Vermeulen, Regulation Tomorrow What Happens When Technology Is Faster Than the Law (2017). SSRN: https://ssrn.com/abstract=2834531

**Verify.** sha256 of source PDF `9cd875ebdb0266febbdcdabfca5b9b9f0de1b7ad9e3d5a8a5971bdbe469323b7` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Fenwick%20et%20al.%20-%202017%20-%20Regulation%20Tomorrow%20What%20Happens%20When%20Technology%20Is%20Faster%20Than%20the%20Law.pdf

**Failure mode.** unsettled and politicized factual basis  (family: regulatory-lag)

**Topics.** innovation

**Keywords.** fact-based-regulation, reactive-regulation, regulatory-politics, disruptive-technology

**Related claims.**

- contests: https://wulfkaal.github.io/claims/2808132-001

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