# Fact selection

`kaal:entity:fact-selection`

**Status.** derived

This node is assembled mechanically from the 6 claims that carry the concept tag `fact-selection`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself.

## Every claim under this term

6 claims across 1 works, 2017 to 2017.

**2017**

- [2834531-012](https://wulfkaal.github.io/claims/2834531-012) [failure/argued] *(failure mode)* -- The identification of which facts count as relevant or irrelevant can be distorted by the concerns of entrenched interests that find the new technology commercially threatening.
  > Identification of relevant or irrelevant facts may also be distorted or otherwise influenced by the concerns of entrenched interests about new (and commercially threatening) technologies.
  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
- [2834531-022](https://wulfkaal.github.io/claims/2834531-022) [failure/argued] *(failure mode)* -- Time pressure produces two distinct fact failures: the facts about a new technology may simply not exist yet, or regulators may select the wrong, contested, or irrelevant facts as the basis of regulation.
  > The pressure of time means that the facts surrounding a piece of new technology or other innovation may not be there, or the regulators may simply select the "wrong" — or at least contested or otherwise irrelevant — facts as the basis of regulation.
  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
- [2834531-023](https://wulfkaal.github.io/claims/2834531-023) [mechanism/argued] *(failure mode)* -- In the Airbnb case, the selection of the relevant facts and the residency rule that followed from it benefit vested interests, most obviously the hotel industry that stands to lose from Airbnb's competition.
  > Of course, the selection of the "relevant facts" in this case and the resulting rule benefits certain vested interests, most obviously the hotel industry who stand to lose out from the new competition from Airbnb.
  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
- [2834531-024](https://wulfkaal.github.io/claims/2834531-024) [failure/argued] *(failure mode)* -- The premises on which regulation of a new technology is built may not be facts at all, or at least not the most relevant facts about that innovation, as the assumption that Airbnb hosts are simply chasing easy money illustrates.
  > The selected facts may not even be facts, or at least, the most relevant facts about a particular innovation.
  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
- [2834531-026](https://wulfkaal.github.io/claims/2834531-026) [failure/argued] *(failure mode)* -- There is a systematic disconnect between the facts regulators identify as important and the actual experience and wishes of most consumers.
  > There is a disconnect between the facts that regulators identify as important and the experience and wishes of most consumers.
  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
- [2834531-027](https://wulfkaal.github.io/claims/2834531-027) [failure/argued] *(failure mode)* -- The problem is not regulator bad faith: the acceleration of innovation cycles means that selecting the relevant facts is difficult even under the best conditions and with the best intentions, while simply waiting is likely to bring further complications and criticism.
  > the acceleration in innovation cycles means that even in the best conditions and with the best of intentions, selecting relevant facts is a difficult task. And the option of simply waiting seems likely to result in further complications and criticism.
  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

Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust.

    curl -s https://wulfkaal.github.io/entities/fact-selection.md | sha256sum

**Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.