New Web Standards in the Making: Transnational Private Governance and Beyond

  • Dudouet F
  • Nguyen B
  • Vion A
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Abstract

Our paper presents empirical results of a study on the bargaining process of web XML standards in World Wide Web Consortium (W3C) arenas. Processing the 8 main mailing lists, constituted of more than 21000 mails, has led us to analyze the standardmaking process through the bargaining habits and networks of actors who take part in it. It often appears that institutions interacting the most with others directly take part in the writing of final texts, and that firms often intend (and manage !) to play a leading role in this work. In the field of internet, “networked governance refers to a growing body of research on the interconnectedness of essentially sovereign units, which examines how those interconnections facilitate or inhibit the functioning of the overall system.” (Lazer, 2007). It supposes that State actors play a big role in the construction of rules and standards, though they have to cooperate with many other actors through networked organizations. On the contrary, transnational private governance refers to “the ability of non-state actors to cooperate across borders in order to establish rules and standards of behaviour accepted as legitimate by agents not involved in their definition. Non-state actors not only formulate norms, but often also have a key role in their enforcement. Accordingly, the current privatization of rule-making and enforcement goes much further than traditional lobbying in allowing private actors an active role in regulation itself” (Graz, Nolke, 2007). In this pattern, governance is based on interconnections and interdependences which are mostly made of nonsovereign units, and public regulation by agencies or so on is reduced to a strict minimum. In our case study, the whole process from the W3C common work to the ISO struggle illustrates the ambiguity of transnational private governance: on the one hand, competition between firms is only made possible by cooperative work. On the other hand, such a relation shows its limits when firms try to convert web standards into software standards which could become quasi-monopolistic on the mass-consuming software market in the future. Unsurprisingly, the end of ‘coopetition’ is marked by conflicts and harsh industrial competition, which impose arbitrations and may reveal the need for public regulation such as ISO. This generates both inflexions in transnational private governance and deep transformations in the traditional interagency pattern of standardization.

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Dudouet, F.-X., Nguyen, B., & Vion, A. (2017). New Web Standards in the Making: Transnational Private Governance and Beyond. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.2798368

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