Usually the person who comes up with the gimmick runs afoul of some existing law which applies to their situation. A lot of people incorrectly believe that a new technology immediately invalidates all previous legal precedent that applies to that field. You didn't lose your rights to free speech when the cell phone was invented, even though the framers of the constitution may not have been able to conceive the idea of cell phones. In the case of bitcoin, there are a ton of regulations involving securities and money transfers that exist and just because you came up with a new mechanism that doesn't mean those laws no longer apply.

In the case of tariff engineering people are using the laws on the books to force regulators to classify products based on what the regulatory authority itself has defined. They are following the rules, just maybe a bit more aggressively and in ways that the regulators had not expected. (hacking) At this point you have to change the rules if you want to prevent these unintended consequences, since you cannot impose a penalty based on language that doesn't exist and cannot selectively apply the law that does exist.