Save the Standardization Ecosystem

Insights into the challenges standards developing organizations (SDOs) face as we navigate complexities around the landscape on technical standards and work towards a future in which standards continue to drive innovation, safety, and global collaboration.

Recent developments in policy, legislation and litigation are poised to reshape the landscape on how technical standards are developed, accessed, and utilized. These include:

  • U.S. Pro Codes Act proposed legislation, which would require standards incorporated by reference into law or regulation to be made freely accessible to the public with defined accessibility requirements. Standards developing organizations (SDOs) that don’t comply would lose their ownership rights in the standards they create, yet there is no mechanism in the Act to ensure that an SDO is even notified when its standard is so incorporated.
  • European Court of Justice ruling that EU citizens have a right of free access to (certain) harmonized European standards if these standards define specific safety requirements for products or services.
  • A Writ Petition in Public Interest to the Constitution of India to make Indian standards by the Bureau of Indian Standards freely available to the public at large.

While stated intentions may be to enhance transparency and accessibility, these developments raise serious concerns.

They aim to make technical standards that have been incorporated into law—including standards copyrighted and developed by non-profit SDOs—freely available to the public to ensure that all citizens have access to the law. However, current approaches bring a host of complexities and drawbacks that can undermine the standardization ecosystem which underpins various industries and technologies–resulting in harm to consumers and the public.

Developed by SDOs, technical standards are documents that establish uniform engineering or technical criteria, methods, processes, and practices. Standards are developed through an open consensus process involving diverse participants—a process carefully managed by SDOs. By threatening SDOs ability to assert copyright protection of the standards they develop, the acts, policies and litigation we are seeing will have a direct impact on the quality and accuracy of technical standards over time directly due to an SDO’s inability to generate revenue to sustain them.

Why It Matters

These developments will hurt SDOs’ work to support market competitiveness and innovation, suffocating the ongoing development of market-relevant standards based upon open, consensus-based, rigorous, balanced standards development processes. Implementing diminished technical standards or lesser quality standards is a direct consequence of compromised SDO capabilities and poses a direct risk to the public.

Learn More

What are technical standards?

Developed by Standards Developing Organizations (SDOs), technical standards are published documents that establish specifications and procedures designed to maximize the reliability of the materials, products, methods, and/or services people use every day. They are strategic tools for raising safety and environmental performance as well as ensuring interoperability. They can drive innovation, competitiveness, sustainability, and consumer protection, while helping to aggregate markets, facilitate technology diffusion, and promote production efficiency as well as product and systems interoperability. They result from collective work by experts in a field and provide a consensus of those experts at the time when the standards are developed and help to make life simpler and increase the reliability and the effectiveness of many of the goods and services we use every day.

Are there different types of standards?

Types of standards include performance standards, prescriptive standards, design standards, management system standards and service standards. They can be voluntary or mandatory. They are different from Acts and regulations.

What are the benefits of standards?

Standards benefit various groups of society, including consumers, businesses, governments and civil society groups. They help provide safer products and services, enhanced purchasing power, simplicity and comparability of systems, devices or components and improved social and economic well-being. They also help governments oversee regulatory environments that encourage competitiveness of businesses while ensuring the safety of consumers.

They are useful in tackling many issues because they provide a structured, relatively neutral process that brings together various or disparate parties together to achieve consensus.

What are Standards Developing Organizations (SDOs)?

SDOs develop standards through a consensus-driven process involving multiple stakeholders, including industry experts, academics, government representatives and consumer advocates. SDOs are responsible for creating, developing, coordinating, promulgating, revising, and maintaining technical standards that address the needs of industries, technologies and public safety. SDOs play a critical role in ensuring consistency, safety, interoperability and quality across various sectors by establishing standards that serve as guidelines for products, processes, systems and people.

How do government measures threatening SDOs copyright protections impact the standardization ecosystem?

The measures can have a profound negative impact on the standardization ecosystem.  Undermining copyright protections threatens SDOs ability to sustain their critical work, thereby disrupting the bottom-up standardization process, challenging international cooperation, and eroding trust in standards that protect consumers.

An SDO’s inability to sustainably support standards development activities will have a direct adverse impact on the quality and accuracy of technical standards over time. The measures that some governments are considering and/or putting in place will create a barrier impeding SDOs’ work to support market competitiveness and innovation, effectively suffocating the ongoing development of market-relevant standards based upon open, consensus-based, rigorous, balanced standards development processes. Implementing diminished technical standards or lesser quality standards will be a direct consequence of compromised SDO capabilities and creates a direct risk to the public.

Why is it critical for SDOs to preserve copyright?

The SDO is the guardian of the industry standard, both for maintenance of the standard and for ensuring that others do not change the standard in a way that creates incompatibilities or security issues. SDO’s are able to do this via their copyright ownership. SDOs copyright ownership is a key element for protecting the integrity of the standard. It is why technology works. It is why people can use one technology worldwide. The ability to oversee and manage standard development and maintenance is especially key for global SDOs because broad participation helps prevent any one geographic region from imposing its will on others. SDOs ensure that there is consensus.

Threatening the copyright of SDOs threatens the integrity of the consensus standards development process, which is crucial to supporting global trade and protecting consumers. In addition, the financial impact from loss of copyright threatens SDOs’ very ability to generate standards because of the need to provide rigorous process management and oversight, as well as perpetual maintenance of standards, all of which is expensive.

How do Standards help ensure safety, drive innovation, and facilitate global trade?

The critical work of SDOs drives safety and interoperability.
Consensus-based standards developed in an open and rigorous process result in effective standards promoting safety and human welfare. Safety for the public and the technical community of users are forged when a broad range of stakeholders participate and the public review process ensures all ideas and proposals are thoroughly tested before being incorporated into the resulting standard. The resulting standard also allows interoperability across multiple interests and technologies, rather than a single, vendor-specific, proprietary solution.
The critical work of SDOs drives innovation.
SDOs—typically non-profit or quasi-governmental entities—develop and update standards through a rigorous, multi-sector, voluntary consensus process that is open to all interested parties. This often involves competing interests or industry competitors working to reach a consensus. Because of the diligent oversight and strict rules established by consensus SDOs—including the expensive oversight to guard against anticompetitive activities—the interests of market-dominant players in an industry are balanced by the inputs of other participants, including consumer advocates, government representatives, and startups.
The critical work of SDOs drives global competition.
IEEE is a global standardization body. An industry standard, especially a global industry standard, can determine the baseline technologies for an industry worldwide and enhance global trade. As the global economy continues to advance and global challenges increase, standards have growing strategic importance, therefore it is critical to maintain a strong standards ecosystem to support future innovation across various sectors. When participants join a standards development working group, the collaborative work product (i.e., the standard) is owned by the neutral, unbiased SDO, which makes it available to all interested parties on a non-discriminatory basis. This ensures that all interests are considered, and no one participant controls the standard or revisions of the standard. That is one reason SDOs owning the copyright is so important. It creates a trust that allows standards development to work.

How are standards referenced or incorporated into law or regulations?

When a government or regulatory agency seeks to include technical standards developed by SDOs into regulation, statute or rule, they will reference the standard in part or whole. Not all SDOs approach incorporation by reference of their standards the same. Some SDOs lobby or seek incorporation by reference into law or regulations. However, many SDOs, like IEEE, do not. For the majority of these SDOs, their standards may be referenced but they are never notified, meaning that they are never even given the opportunity to make the standard publicly available and preserve their copyright ownership.

Do SDOs provide their standards for free, open access when they are incorporated by reference or law?

Many SDOs, including IEEE, offer free, public access to incorporated standards through reading rooms where those interested can access the standards to read them.

What can be done now?

  • We encourage you to understand the issues and what is at stake. This includes the disruption and serious consequences on the global standardization ecosystem impacting society and industry at a time when standards are needed the most–when we are facing serious challenges with respect to climate, energy, security, health, and well-being.
  • We encourage you to take action to protect the health and sustainability of the Global Standardization Ecosystem by reaching out to your respective government bodies and policymakers.

Stay Informed

Submit the form below to stay informed about saving the standardization ecosystem.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Name*
Email Address*
Privacy Policy*
Receive Updates

Join the Conversation

We believe in the power of informed dialogue. Engage and explore the implications of acts and actions and help us advocate for solutions that balance accessibility with the sustainability of standards development.

Join the Conversation and Stay Informed Now

Subscribe to our Newsletter

Sign up for our monthly newsletter to learn about new developments, including resources, insights and more.