Information and communication technology (ICT) has revolutionized the world, creating a global village, saving time and bridging distances. However, the role of connectivity as a form of regulation is often overlooked, despite its association with advanced technology and infrastructure. To ensure responsible use, ICT requires regulation through global ICT standardization, which shapes and implements agreed norms, technical specifications and best practices. This fosters interoperability and innovation across industries and sectors while addressing legal and policy considerations, profoundly impacting the development and harmonization of ICT practices worldwide.
This book by Olia Kanveskaia is an ambitious and comprehensive exploration of the mechanics and fundamentals of global ICT standardization from historical, legal and political science perspectives. It is a ground-breaking study that combines legal analysis, empirical evidence and practical insights to provide a holistic and novel understanding of this complex field. The book is divided into four parts and comprises 12 chapters, with each chapter providing an in-depth and systematic approach to the analysis of the legal rules that govern ICT standardization. It also examines governance and institutional features of prominent standards development organizations (SDOs) through a multidisciplinary doctrinal and politico-legal methodology.
Part I delves into the ecosystem of ICT standardization, offering a comprehensive account of the subject. In Chapter 1, the concept is explored as a normative regime, shedding light on how voluntary standards created within committee processes of diverse SDOs can acquire binding force. It sets out the mechanisms through which these standards gain recognition and influence within the industry. In Chapter 2, the focus shifts to a normative account of legitimacy in ICT standardization as a form of private transnational regulation. The chapter introduces a non-exhaustive list of procedural meta-principles, which serve as guiding principles for establishing the legitimacy of private regulatory regimes. These principles encompass aspects such as fairness, inclusivity, transparency and accountability, providing a framework for assessing the standardization process. The author emphasizes the normative aspects and legitimacy of ICT standardization, offering valuable insights. The chapters highlight the transformation of voluntary standards into binding standards and examine the procedural principles underlying the legitimacy of ICT standardization as a private transnational regulatory framework.
Part II thoroughly examines the regulatory frameworks applicable to global ICT SDOs. The author conducts detailed research into the relevant legislation, policies and case law, focusing on the procedural instruments provided by these frameworks. These instruments play a crucial role in legitimizing standards and defining the boundaries of SDO liability. Chapter 3 investigates the pertinent agreements of the World Trade Organization, specifically the Technical Barriers to Trade Agreement. Chapters 4 and 5 explore the relevant European Union and United States' regional regulatory frameworks, respectively. While acknowledging differences and similarities in how voluntary standards and the SDOs producing them are treated, Chapter 6 provides a comprehensive analysis of the procedural principles found in these frameworks, referring to these principles collectively as ‘due process’ principles. The chapter further assesses their relevance and suitability for ICT SDOs, identifying the limitations of each legal mechanism in addressing current challenges in ICT standardization.
Through the detailed exploration in Part II, the author conducts a meticulous examination of the regulatory framework governing ICT standardization, providing a comprehensive account of the legal landscape and offering valuable perspectives on the procedural principles and mechanisms that are designed to establish credibility and address legal obligations within the realm of ICT standardization. These chapters shed light on the principles and approaches employed to ensure compliance and determine legal responsibilities in the sphere of ICT standardization.
Part III explores the procedural and substantive guarantees provided by prominent SDOs. Chapters 7 and 8 provide a meticulous and systematic overview of seven SDOs, each with distinct institutional backgrounds, which have produced diverse ICT standards. The analysis carefully distinguishes between the administrative rules governing their policies and policy-making, as well as technical processes involved in standards development. In Chapter 9, the author critically examines the applicability of the legal instruments discussed in Part II to the specific SDOs under scrutiny. It further evaluates the rules and procedures of these SDOs against the rigorous due process requirements outlined in those legal instruments, providing a comprehensive exploration of the procedural and substantive dimensions of leading SDOs. Through its in-depth exploration of their operational frameworks, including their administrative and technical processes, it provides a rigorous assessment of their adherence to the demanding due process requirements of the relevant legal instruments.
Part IV takes a significant step forward by offering practical insights derived from qualitative empirical research, providing a deeper understanding of the current landscape of ICT standardization. Following an outlining of the empirical methodology, Chapter 10 presents three case studies that highlight recent disagreements within SDOs' bodies and committees concerning procedural guarantees and how they were resolved. Chapter 11 explores the experiences of key individuals actively engaged in ICT standardization, primarily experts from leading private companies. It examines procedural guarantees within technical committees, dispute resolution mechanisms provided by SDO governance bodies, and the disparities between the drafting of internal rules and developing standards, offering valuable insights into the practical implications of SDO adherence to due process requirements and their impact on the effectiveness of the resulting standards.
Chapter 12 contains a novel examination of the legitimacy of ICT standardization as a private regulatory framework, combining both theoretical and practical perspectives. The chapter proposes essential roles for various stakeholders, including SDOs, governments and courts, in strengthening different forms of legitimacy within ICT standardization. It emphasizes the necessity of robust feedback mechanisms in the decision-making processes of SDOs, which are currently lacking or insufficient within their operational frameworks. It offers practical insights grounded in empirical research which have significant implications for the design, governance and evaluation of ICT standardization processes, and underlines the importance of accountability and transparency within the SDO ecosystem.
Strengths abound in this book, providing a comprehensive analysis of global ICT standardization from historical, legal and political science perspectives. It provides an holistic understanding of the subject matter, with well-structured chapters that guide readers through clear definitions of key concepts. Thorough research is evident, drawing on academic sources and case studies. The multidisciplinary approach combines legal analysis, empirical evidence and practical insights, enriching the depth and breadth of the content. Meticulous research examining relevant legislation, policies, case law and the operational frameworks of prominent SDOs enhance the book's persuasiveness. The inclusion of practical insights derived from qualitative empirical research adds value, offering real-world perspectives for regulators involved in ICT standardization. Emphasizing normative aspects, legitimacy and procedural principles, the book underscores the importance of fairness, transparency and accountability. It is a valuable resource for researchers, academics, lawyers and policy-makers.
Whilst the book possesses notable strengths, it is important to acknowledge a few potential weaknesses. Fundamentally, the book's emphasis on historical, legal and political science perspectives may restrict its coverage of emerging technologies and their influence on ICT standardization. Consequently, readers may gain a limited understanding of present and future advancements in the field. Additionally, the book's use of technical language may prove challenging for individuals without a background in ICT standardization or related fields. The intricacy of the terminology and concepts may hinder accessibility for a wider audience. Moreover, the book relies primarily on qualitative empirical research, which may limit the breadth and depth of the presented data. Supplementing the analysis with quantitative analysis or diverse research methods could strengthen the book's empirical foundation. Lastly, the book predominantly reflects the viewpoints of private regulators, neglecting the perspectives of other stakeholders such as academia, civil society and governments. Incorporating a broader range of perspectives would enhance the book's overall analysis and provide a more inclusive understanding of ICT standardization.
