Open Standards and Global Politics

Laura DeNardis, Yale Law School

11/23/2011
(Original Publish Date: 12/1/2009)

A central purview of Internet governance is the development of Internet technical protocols, the standards that enable interoperability between diverse technologies and cultures. Standards are a form of technological rulemaking with public interest implications in areas such as public safety, national security, electronic medical records, eGovernment, individual privacy, and political and artistic expression. From an economic standpoint, the openness and intellectual property arrangements of technical standards can determine the extent of competition, trade, and innovation in technology markets. Universal and open technical standards have been identified as a precursor to the affordable and equitable diffusion of information and communication technologies around the globe. However, the institutional processes, technical and legal infrastructures, and underlying intellectual property arrangements of standards do not always create an opening to reflect the interests of developing countries. This paper examines ways in which the degree of openness in standards has pronounced implications for developing countries and beyond and concludes with recommendations for promoting open standards through institutional processes, intellectual property arrangements, and government procurement policies.