Not everything that is bad rises to the level of being a crime. And some things that are bad would have even worse side effects if you tried to police them.

How would you define a fraudulent job listing versus simply keeping a listing up in case the right candidate shows up / budget comes back next quarter?

Wouldn't this create incentives for companies to be more hesitant to post job openings and more aggressive in taking them down?

I've worked at places where we had job listing X, talked to some people and ended up filling job Y and Z instead (which didn't exist as listings) because we found some really interesting people.

Would that possibly create unwanted side effects like more jobs filled without being ever listed via backchannels/personal networks? Or more process/HR?