A2K3: Technological Standards are Public Policy

Laura DeNardis, executive director of Yale Law School’s Information Society Project, spoke during the A2K3 panel on Technologies for Access. She makes the point that many of our technological standards are being made behind closed doors and by private, largely unaccountable, parties such as ICANN, ISO, the ITU, and other standards bodies. She advocates the concept of Open Standards, which she defines in a three-fold way as open in development, open in implementation, and open in usage. DeNardis worries that without such protections in place stakeholders can be subject to a standard they were not a party to, and this can affect nations in ways that might not be beneficial to them, particularly in areas such as civil rights, and especially for less developed countries. In fact, Nnenna Nwakanma in the audience comments that even when countries appears to be involved, their delegations are often comprised of private companies and are not qualified. For example, she says that there are only three countries in Africa that have people with the requisite techinical expertise in such state standards councils and that the involvment process is far from transparent. DeNardis also mentions the Dynamic Coalition on Open Standards designed to preserve the open architecture of the internet, with the Yale ISP is involved in advocacy at the Internet Governance Forum. DeNardis powerfully points out that standards are very much public policy, as much as the regulation we typically think of as public policy.