Press Release

Megan Brown Authors National Security Institute’s New Law and Policy Paper

Cites Need for U.S. to Support Global Standards Work to Promote 5G and Future Technology
December 10, 2020

Washington, DCMegan L. Brown, partner in Wiley’s National Security, Privacy, Cyber & Data Governance, and Telecom, Media, & Technology practices, authored a new law and policy paper published today by the National Security Institute (NSI) at George Mason University’s Antonin Scalia Law School. The paper, “The U.S. Needs to Support Global Standards Work to Promote 5G and Future Technology Development,” discusses the role of international standards and who creates them; key players in global standards work; and U.S. policy, which generally emphasizes voluntary, private-sector-led standards.

“It’s important that policymakers consider key differences in relevant standards bodies to be able to make smart policy that supports U.S. leadership and innovation at home and abroad,” said Ms. Brown. “Federal law has long promoted voluntary, consensus-based global standards as superior to prescriptive federal regulation. Standards work is vital to innovation – and policymakers should look to support that work with the private sector, rather than taking a top-down government approach that usurps the role of private expertise.”

The NSI law and policy paper:

  • Describes domestic and global standards work that has been critical to decades of global interoperability and is building the foundation for 5G and future technology.
  • Identifies where policymakers concerned about national security may go awry if they do not understand the operation of key standards bodies, as in some proposals for increased government influence in global standards work.
  • Argues that the United States should support and expand private participation in key global standards bodies, but not insert the government as a gatekeeper or in a directive role.
  • Proposes actionable recommendations that can help U.S. policymakers develop sensible policy that supports – rather than undermines – global standards work.

The paper is available here.

Ms. Brown, who served in the U.S. Department of Justice as Counsel to two U.S. Attorneys General, is a Senior Fellow and Program Director for NSI’s Cybersecurity Law & Policy Program. She regularly speaks and writes on security and privacy, and has published several white papers for NSI, including serving as co-author for “Techlash and National Security: The Need for U.S. Leadership on Privacy and Security,” along with NSI Senior Fellow Dr. Andrea Little Limbago, Vice President of Research and Analysis at Interos.

Ms. Brown serves on the U.S. Chamber of Commerce’s Cybersecurity Leadership Council and is co-author of the U.S. Chamber’s pivotal IoT Security Report. She also serves on the Board of the Women’s High-Tech Coalition (WHTC).

Wiley has an unparalleled ability to assist clients on a broad range of national security issues. The firm’s Privacy, Cyber & Data Governance Practice provides clients with a thorough understanding of the current and potential obligations and risks that are associated with privacy, data security, and cybersecurity, along with a comprehensive range of compliance and strategic advice, from advice for Boards and senior management to managing government investigations into security incidents. Wiley covers emerging technology and security trends at its blog Wiley Connect, which regularly hosts podcasts on technology law and policy, including cybersecurity.

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