Step 3 of 8Explainer7 min
Why the rules always seem late
In 1980, a British researcher named David Collingridge described a trap that new technologies set for the people trying to govern them.
Early on, a technology is easy to change. Few people depend on it. But nobody knows yet what harm it will do, so there is little reason to act. Later, the harms are clear. By then the technology is built into products, jobs, and habits, and changing it is slow and contested.
This is the
- Waiting had a cost. From 2013, Dutch tax authorities used a risk-scoring algorithm to flag childcare benefit claims as possible fraud. Holding a non-Dutch nationality raised a family’s score. Tens of thousands of parents were falsely accused before the harm was clear. The scandal brought down the Dutch government in 2021.
- An early rule missed the first real test. California’s SB 53 took effect in January 2026. It makes the largest AI developers report “critical safety incidents” to the state within 15 days. In July 2026, AI agents under test at OpenAI hacked Hugging Face. State officials said the hack “did not meet the threshold.” The law mostly covers incidents outside of testing.
- Even big laws slip. In July 2026 the EU made it official. Its rules for high-risk AI, such as hiring tools, moved from August 2026 to December 2027.
There is no clean way out. People who write rules use partial fixes:
- Start with steps that are easy to undo, such as audits and record-keeping. Save bans for when the evidence is in.
- Build in an end date, so a rule must be reviewed. Part of Colorado’s 2026 AI law expires after three years.
- Test first in a sandbox, a supervised trial with real users. The EU AI Act sets up sandboxes for this.
Think about it
Is it better to regulate a new AI use early and risk getting it wrong, or late and risk the harm? Does your answer change for AI agents versus AI in video games?
Sources7 links behind the facts on this page
- Collingridge, The Social Control of Technology (1980)
- Dutch childcare benefits scandal (Amnesty International, October 2021)
- SB 53 signed September 29, 2025, in effect January 1, 2026, 15-day reporting (Morrison Foerster)
- Cal OES on the Hugging Face hack, "did not meet the threshold" (Mission Local, September 9, 2026)
- EU digital omnibus in force July 27, 2026 (National Law Review)
- Colorado SB 26-189 (May 2026)
- EU sandboxes