# kaal:claim:2834531-040

**Claim.** The principle based approach has a shortcoming the authors concede: it is usually impossible to comply with principles that could change after the fact, and the approach may let regulators promulgate fact based laws and rules through the backdoor.

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

**Holds when.**

- from the perspective of regulated companies operating under principles

**Source quote.**

> The argument is that it is usually impossible to comply with principles that could change "after the fact."107 That is to say, a principle–based approach may facilitate policy makers, lawmakers, and regulators in promulgating facts–based laws and rules through the backdoor.

**From.** Mark Fenwick, Wulf A. Kaal, Erik P. M. Vermeulen, *Regulation Tomorrow What Happens When Technology Is Faster Than the Law* (2017), B. A Principle-Based Approach, page 31

**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.** principles that change after the fact  (family: definitional-ambiguity)

**Topics.** compliance, dynamic-regulation

**Keywords.** principles-based-regulation, compliance-uncertainty, retroactivity, regulatory-design

**Related claims.**

- extends: https://wulfkaal.github.io/claims/2831040-027
- supports: https://wulfkaal.github.io/claims/2831040-015

**Canonical form.** This markdown file is the canonical hashed representation of the claim. Its sha256 is the content hash used for attestation.