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12 Regul. Rev. Depth 1 (2023)

handle is hein.journals/rgyrvidh12 and id is 1 raw text is: 













                  FROM REGULATION 1.0 TO 2.0

                             Kara   SteinT

    For over twenty years, I have had one of the best seats in the house to
observe  the workings  of  regulation from  all angles. I have  had the
opportunity to organize congressional hearings, draft legislation, serve as a
commissioner  at a regulatory agency, teach financial regulation, and now
sit on the board of an audit regulator. All these experiences have helped
shape my  belief that regulation is vital to the welfare of our democracy. But
this experience also fuels my concern that we need to address new dilemmas
raised by changing technologies. The environment in which the regulatory
system functions is changing rapidly. As the economy and society change,
regulation needs to evolve as well.
    I call the direction in which we are heading-whether we like it or not
Regulation  2.0, or the next generation of regulation. The  language  of
Regulation 2.0 focuses us on the revolution in communications and digital
technology. And  it contrasts with our regulatory beginnings, which I call
Regulation 1.0.

                           I. REGULATION  1.0

    The U.S. experiment in federal regulation largely began after the Civil
War. The formation of modern  corporations, coupled with mass production,
produced rapid changes in the U.S. economy, with long-lasting effects. This
American  industrial revolution demanded substantial amounts of capital
for the building and operation of factories, mines, and railroads. Corporate
investment drove rapid economic growth  that was largely beneficial.
    But there  were  unintended  and  unwelcome   effects. Building the
infrastructure of the nation was not cheap, easy, or fair. Managers flexed the
power of the corporation to maximize profits and reduce competition through
consolidation. Unrestrained by laws, regulations, or even ethics, managers


    t Board Member of the Public Company Accounting Oversight Board (PCAOB). This
essay is an edited version of the 2023 Distinguished Lecture on Regulation at the University of
Pennsylvania Carey Law School. The views expressed here are those of the author and do not
necessarily reflect the views of the Public Company Accounting Oversight Board, my fellow
Board members, or the staff of the PCAOB.

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