Distinguishing Standards and Regulation for Innovation Research – Accommodating Standards in Lessig’s Framework of Regulatory Modalities

Egyedi, T.M., Widlak, A.C. & Ortt, J.R. (2018). International Journal for Standardization Research 16(2): 1-21.

Tineke M. Egyedi, DIRoS, Amsterdam, Netherlands
Arjan Widlak, Kafka Brigade Foundation, Amsterdam, Netherlands
J. Roland Ortt, Delft University of Technology, Delft, Netherlands

ABSTRACT
Certain influential innovation impact studies do not sharply distinguish standards from regulation. Is
differentiation needed? In what way do they differ in how they work and work out? This article applies
and extends a framework of regulatory modalities to open up the black box of direct innovation effects.
It includes standards as a separate regulatory modality following careful consideration of alternatives,
i.e., accommodating them as a special instance or as a hybrid of law, norm, market and architecture.
The authors capture the essential differences between standards and law. They reconcile Lessig’s
emphasis on constraints with findings of enabling and constraining effects in innovation research by
differentiating direct inherently constraining effects of regulatory modalities and modality-specific
direct generic effects - as opposed to indirect effects. They conclude that standards and law merit
separate treatment in innovation research, and recommend complementary frameworks to uncover
unaddressed issues.

KeywoRDS
ADICO Grammar, Architecture, Code, Community Innovation Survey, Constraints, Direct Effect, Inner Workings,
Regulatory Modalities, Regulatory Standards, Self-Regulation, Tools of Governance Approach