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What the Standards Community Needs to Know About Chevron Deference, IBR, Data Security, and More: Register for ANSI’s Legal Issues Forum

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Join ANSI’s Legal Issues Forum (LIF) on November 14 for thought-provoking discussions of several extraordinary legal developments over the last year impacting the standards community. This year, the LIF will take place at the National Housing Center in Washington DC—with hybrid participation available—from 10:00 a.m. to 4:00 p.m.

Panel 1: Navigating the Impact of the Supreme Court's Loper v. Bright Decision

The recent Supreme Court ruling in Loper v. Bright overturns the Chevron deference doctrine—a principle that has long guided how courts interpret agency regulations. This decision is expected to reshape the landscape of administrative law, particularly in how courts assess agency interpretations of statutes, and affect regulatory practices across various industries. This panel will explore the potential consequences of this landmark ruling on the development and application of standards in regulation, and the evolving relationship between the judiciary, regulatory bodies, and the standards community.

Lunch Discussion: New Legal Developments Impacting the Practice of Incorporation by Reference (IBR)

This LIF panel is the second in a series covering the increasing risk of loss of copyright protection for standards that are incorporated by reference into regulation. Through the practice of incorporation by reference, government agencies reference external standards developed by private organizations and, up until now, have protected the SDO’s copyright in the documents incorporated by reference. The SDOs, in turn, have made these standards “reasonably available” to the class of persons impacted by the regulation. While that approach has worked well for decades, some argue that standards incorporated by reference into regulations should be provided to everyone for free on the internet. This panel will analyze the current legal landscape, including recent decisions on point from the D.C. Circuit and Fifth Circuit Court of Appeals, the status of proposed legislation to address the IBR issue and other ideas for minimizing the risk of copyright challenges to IBR’d standards.  

Panel 2: What the Standards Community Needs to Know about Data Security Regulations, Practices and Standards

An increasingly complex digital environment is profoundly altering how businesses operate and compete today, raising the stakes associated with protecting and securing data assets. The impact of threats to data security is being felt across multiple sectors—healthcare, financial services, manufacturing—as well as in corporate and government supply chains. Enterprises are creating, manipulating and storing an ever-increasing amount of data, driving a greater need for data governance. Computing environments have also become more complex, routinely spanning the public cloud, the enterprise data center and numerous edge devices such as Internet of Things (IoT) sensors, robots and remote servers. This complexity increases the risk of cyberattacks, making it harder to monitor and secure these systems. This LIF panel will explore the regulatory and legal frameworks that are being put in place to address and mitigate data security risks, and the role of standards and conformity assessment in enhancing data security.

*Audience Q&A will take place after both panel sessions.

In the past, ANSI was proud to offer Continuing Legal Education (CLE) credits for this conference. CLE is professional education for attorneys following their admission to the bar. Should ANSI be approved again this year, the Institute will put out another announcement and will advise all registrants to date, so that they may take advantage of the CLE credits as appropriate.

More about World Standards Week 2024

World Standards Week (WSW) 2024 will be held on November 12-14 in Washington, DC, with hybrid options available for all daytime events. A premier annual gathering, WSW brings together ANSI members and diverse private- and public-sector stakeholders from across the standardization communities for topical discussions and special events in the spirit of cooperation and collaboration.