@inbook{7a0351f7f0d84512b730c05008cb9aee,
title = "Technology{\textquoteright}s Ability to Escape the Legal System",
abstract = "Legal {\textquoteleft}regulatory escape{\textquoteright}, {\textquoteleft}regulatory disconnection{\textquoteright} or {\textquoteleft}regulatory disruption{\textquoteright} on the part of particular regulatees or commercial practices has been observed across diverse regulatory environments, ranging from environmental protection to provision of gambling services. Instances of legal regulatory escape appear particularly prevalent with the introduction of novel technology products and services. Evaluation of technology-related legal regulatory escapes provides examples of deliberate, even overt, evasion of legal constraints, as well as avoidance via practices such as regulatory mimicry or differentiation. This chapter identifies examples of recent legal technology-related {\textquoteleft}regulatory escape{\textquoteright}, discusses key reasons why legal regulation may fail to effectively cater for complications arising from specific technology practices, products or classes of regulatee and considers possible regulatory responses to address the risks, or capture the benefits, of technological advances. ",
keywords = "technology regulation, legal regulatory escape, regulatory entrepreneurship, regulatory placebos, purposive interpretation",
author = "Colin Gavaghan and Charlesworth, \{Andrew J\}",
year = "2025",
month = oct,
day = "30",
doi = "10.1017/9781009522519.008",
language = "English",
series = "Cambridge Law Handbooks",
publisher = "Cambridge University Press",
pages = "71--90",
editor = "Roger Brownsword and Larry DiMatteo",
booktitle = "The Cambridge Handbook of the Governance of Technology",
address = "United Kingdom",
}