Standardizing Government Standard-Setting Policy for Electronic Commerce
Mark A. Lemley · 2016
The U.S. government's policy towards open standards in electronic commerceis inconsistent. On the one hand, the Magaziner Report endorses the idea ofinteroperable standards and open standard-setting processes for electroniccommerce. It also suggests that governments should not be involved insetting technical standards. Unfortunately, the Report also endorsesgovernment intervention in the standard-setting process in the case ofencryption. Further, it recommends expanding intellectual property rights,without acknowledging the difficulties this can cause for open standards.Professor Lemley's article draws attention to this inconsistency, andsuggests ways that the government could help promote open standards if ittruly wished to do so.