Regulation Is a Feature.
The future arrives when institutions can adopt it safely. Regulation is how that happens.
The Creator's Journey · Chapters VI and XI
Builders treat regulation as friction. Institutions treat it as permission. Permission is what turns a pilot into a program.
I did not always see it that way. For much of the early internet, many founders, including me at times, treated rules as friction to be minimized or routed around. Some of the most celebrated companies of the following decades grew that way. Some of them paid for it later.
Every platform shift reaches a regulation phase. It is a signal: the technology has become important enough to govern, and the institutions are getting ready to adopt it. The founders who complained loudest about rules in the earlier phases often discover that the rules have become their best protection against careless competitors.
Things built in the shadows of the rules rarely last. Things built in full view of them can.
Institutions are the rules of the game in a society or, more formally, are the humanly devised constraints that shape human interaction.
Rules are how trust scales
Douglass North shared the 1993 Nobel Prize in economics for work on how institutions shape whether economies grow. His insight is simple. Rules let strangers deal with each other without a personal guarantee. That is the lesson I draw for builders. If you want what you build to outlive you, it has to be trustworthy without you in the room to vouch for it. Regulation, at its best, is how society encodes that trust.
A structure that has passed through regulators, auditors and institutional review is a structure other people can build on. Licenses are slow to earn and hard to copy. That scarcity is a moat. It is also a promise that someone accountable stands behind the system.
Watch it happen now
Digital assets are moving through this stage in real time. In July 2025 the United States enacted the GENIUS Act, its first federal framework for payment stablecoins. Whatever one thinks of the details, the signal is the one I described: the technology became important enough to govern, and institutions now have rules they can adopt inside. Agent commerce is a step behind. The teams that design for scrutiny now are the ones institutions will be able to adopt later.
Design for scrutiny
- Name your future reviewerIdentify the regulator, auditor or institutional buyer who will eventually examine what you build. Read what they have published.
- Build the records firstAudit trails, controls and approvals cost less to build in than to bolt on.
- Start the slowest licenseList what you must hold to serve institutions. Begin with the one that takes longest to earn.
- Ask the vouching questionWould this still be trusted if you were not in the room? If not, the structure is not finished.
Quick answers
Why does Rob Frasca call regulation a feature, not a bug?
Because regulation is the stage at which institutions can adopt a new technology safely. Rob Frasca sees it as a signal that a technology matters, a source of hard-to-copy licenses, and the way society encodes trust so that what you build can last without you vouching for it.
Should startups avoid regulated markets?
Rob Frasca’s advice is the opposite for anything that touches people’s money, health or safety: design it from the beginning to survive scrutiny. It costs speed early and protects the company later.
Sources
- Rob Frasca, The Creator’s Journey (forthcoming), Chapter VI, Seeing the Shift, and Chapter XI, Building What Lasts.
- Douglass C. North, Institutions, Institutional Change and Economic Performance (Cambridge University Press, 1990), Chapter 1. Source
- Guiding and Establishing National Innovation for U.S. Stablecoins (GENIUS) Act, S. 1582, 119th Congress, signed into law July 18, 2025. Source