Being explicit is good unless it yields outcomes that are strictly worse, which seems to be where we are. I expect plenty of lobbying to clarify rules and be more explicit naturally comes with carefully crafted loopholes that permit unethical behaviour. In that case, being less explicit meant the regulators had discretion to go after truly abusive actors. This has upsides and downsides. I would always prefer more explicit rules if the rule-making process were not compromised.