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Regulation Tomorrow: What Happens When Technology Is Faster Than The Law?, Mark D. Fenwick, Wulf A. Kaal Ph.D., Erik P.M. Vermeulen

American University Business Law Review

In an age of constant, complex and disruptive technological innovation, knowing what, when, and how to structure regulatory interventions has become more difficult. Regulators find themselves in a situation where they believe they must opt for either reckless action (regulation without sufficient facts) or paralysis (doing nothing). Inevitably in such a case, caution tends to trump risk. But such caution merely functions to reinforce the status quo and makes it harder for new technologies to reach the market in a timely or efficient manner.

The solution: lawmaking and regulatory design needs to become more proactive, dynamic, and responsive. So how …