Measuring the temperature and diversity of the U.S. regulatory ecosystem

TL;DR

This paper introduces a large-scale, data-driven framework to measure the temperature and diversity of the U.S. regulatory ecosystem, revealing increasing complexity and activity over two decades.

Contribution

It develops a novel mean-field measurement approach using over 4.5 million references to quantify regulatory ecosystem dynamics.

Findings

Regulatory energy per filing has increased, indicating warming.

Diversity of the regulatory ecosystem has grown over two decades.

Regulatory complexity and activity are on the rise.

Abstract

Over the last 23 years, the U.S. Securities and Exchange Commission has required over 34,000 companies to file over 165,000 annual reports. These reports, the so-called "Form 10-Ks," contain a characterization of a company's financial performance and its risks, including the regulatory environment in which a company operates. In this paper, we analyze over 4.5 million references to U.S. Federal Acts and Agencies contained within these reports to build a mean-field measurement of temperature and diversity in this regulatory ecosystem, where companies are organisms inhabiting the regulatory environment. While individuals across the political, economic, and academic world frequently refer to trends in this regulatory ecosystem, far less attention has been paid to supporting such claims with large-scale, longitudinal data. In this paper, we document an increase in the regulatory energy per filing, i.e., a warming "temperature." We also find that the diversity of the regulatory ecosystem has been increasing over the past two decades, as measured by the dimensionality of the regulatory space and distance between the "regulatory bitstrings" of companies. These findings support the claim that regulatory activity and complexity are increasing, and this measurement framework contributes an important step towards improving academic and policy discussions around legal complexity and regulation.