ABSTRACT: A Proposal to Recognize the Special Status of “Civil ICT Standards”

Andrew Updegrove, Partner, Gesmer Updegrove LLP

4/18/2008
(Original Publish Date: 3/1/2008)

In modern times, civil rights have enjoyed increasing protection, although the exact balance between the rights of the individual and those of society as a whole has been found at different points at different times, and among different societies. Advances in technology, beginning with the printing press, have played a role in this process. Today, civil rights such as freedom of speech, freedom of assembly, and the ability to fully interact with government are increasingly being exercised through the use of information and communications technology (ICT), rather than in person. As this process accelerates, attention must be paid to how such "Civil ICT Rights" can be exercised, so that they are not compromised, diminished, or only selectively, rather than universally, available. Special attention will need to be paid to the development and adoption of technical standards as well, because they will play an essential role in protecting Civil ICT Rights. In this article, I make the case for recognizing the existence and importance of what I call "Civil ICT Standards," and argue that the development of Civil ICT Standards, in contrast to purely technical standards, requires more stringent rules and processes, so that our Civil ICT Rights can be protected and preserved.