The argument of NN being a preemptive regulation on hypothetical future problems and thus could lead to unintentionally hurting "good" entities got me thinking why there can't be a new regulation scheme.
I'd call it "conditional enactment".
Basically, let us assume we want to regulate A because of a, b, and c reasons. We'll create a "conditional enactment" where it states the regulation proposal with reasons for regulating and the penalty for not abiding by the regulation. This basically acts as a save point where if some entity eventually does do A and qualifies one of those a,b,and c reasons, we'll continue on from that "save point". Now that we'll have more info, we can talk about what the pros and cons of regulating A are, adjust the regulation terms, adjust the punishment, and vote on the revised proposal. If the regulation passes, that entity is now subject to punishment even if the regulation passed after the entity's action was done. Any other entities that did A before the regulation passed is not subject to punishment.
This would potentially prevent the unintended side effects of the regulation and allow us to evaluate the state of the regulation while still putting the entities that could create harm in check.
I'd call it "conditional enactment".
Basically, let us assume we want to regulate A because of a, b, and c reasons. We'll create a "conditional enactment" where it states the regulation proposal with reasons for regulating and the penalty for not abiding by the regulation. This basically acts as a save point where if some entity eventually does do A and qualifies one of those a,b,and c reasons, we'll continue on from that "save point". Now that we'll have more info, we can talk about what the pros and cons of regulating A are, adjust the regulation terms, adjust the punishment, and vote on the revised proposal. If the regulation passes, that entity is now subject to punishment even if the regulation passed after the entity's action was done. Any other entities that did A before the regulation passed is not subject to punishment.
This would potentially prevent the unintended side effects of the regulation and allow us to evaluate the state of the regulation while still putting the entities that could create harm in check.