I. INTRODUCTION Standardization is regulation. As digital networks proliferate, standardized interfaces will define the economic and normative dynamics of markets. open standards, which are created through participatory processes and available to anyone who chooses to use them, are becoming increasingly important. (1) These developments have very significant implications for administrative law. Any model of networked markets that ignores the influence of standards will be incomplete. Legal scholars have begun to examine the relationship between standards and regulation, but only in scenarios where government either defers to or subsumes private efforts. (2) In so doing, they miss the opportunity to use standards as a regulatory tool.
