entity · derived
Pacing problem
Derived node: assembled mechanically from the claims carrying pacing-problem. A roster, not an adjudicated definition.
Every claim under this term
- 2831040-001 : The pacing problem arises from a two sided divergence: innovation driven by science and technology is accelerating at the same time that federal and state agencies' regulatory processes have slowed do
- 2831040-004 : Systemic factors widen the divergence between regulation and innovation, including the political and ideological structures of the rulemaking process and the political gridlock of a two party system t
- 2831040-006 : The pacing problem is partly a byproduct of the goal of legal certainty: because regulation is designed to be a durable source of predictability, rulemaking driven by legal certainty cannot keep pace
- 2831040-007 : Facts based, ex post, trial and error rulemaking cannot anticipate the regulatory issues created by innovation, so rulemakers may never recognize, or may recognize only much too late, which new regula
- 2831040-015 : The three core law and technology proposals for the pacing problem, regulation via the judiciary, early stage regulation of innovation, and principles based regulation, all have practical limitations
- 2831040-016 : Addressing the regulatory issues created by innovation outpacing law through the judiciary is insufficient in the face of exponential innovation, because increasing evidence shows courts cannot suffic
- 2831040-022 : Despite the consensus favoring it, early regulatory intervention in innovation is rare in practice, and regulation mostly fails to keep pace as the innovation evolves and as understanding and use of t
- 2831040-030 : The pace of innovation is incompatible with existing regulatory approaches that demand comprehensive knowledge as a precondition for regulatory action, because innovation is too decentralized, too fas
- 2834531-005 : The time frame for rulemaking in the existing regulatory infrastructure is largely inadequate to address the regulatory challenges created by disruptive innovation.
- 2834531-006 : The speed of product innovation allows a new product to reach the market while formal rulemaking, which takes months and often years of procedure, is still occupied with the previous product launch.
- 2834531-007 : New regulations addressed to an innovative product can be obsolete before they are even finalized.
- 2834531-008 : The existing regulatory infrastructure cannot sufficiently distinguish beneficial innovation from other innovation, and therefore cannot harness it.
- 2834531-022 : 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 regulat
- 2834531-027 : 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 si
- 6192998-003 : The tension between the need for regulation and the desire for decentralization produces what the author terms the pacing problem: regulatory frameworks cannot keep pace with technological innovation,
- 6607458-031 : Static regulatory frameworks calibrated to legislative timescales cannot govern technologies evolving on exponential timescales, so dynamic regulation that self-adjusts through built-in feedback mecha