Regulation by Enforcement

Definition ∞ Regulation by enforcement is a regulatory approach where governmental bodies primarily use legal actions and penalties to establish and clarify rules for an industry. Instead of pre-emptively issuing detailed regulations, authorities bring enforcement actions against perceived violations, thereby shaping industry practices through case law and adjudication. This method is frequently observed in emerging technological sectors.
Context ∞ The ongoing discussion surrounding regulation by enforcement in the cryptocurrency sector is particularly prevalent in jurisdictions like the United States, where agencies such as the Securities and Exchange Commission (SEC) have pursued actions against digital asset firms. Critics argue this approach creates uncertainty for businesses, while proponents contend it is an effective means of addressing novel risks. Key future developments to watch involve potential legislative responses aimed at providing clearer regulatory frameworks.