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Introduction

z

z 18 years18 years in the services to industryin the services to industry sectorsector, including, including 10 10 yearsyearsas Marketing, as Marketing, Quality

Quality and Security Directorand Security Director of a computer services firmof a computer services firm employingemploying 1500 1500 engineers

engineers

z

z 7 years7 years as a researchas a research teacherteacher and expert for industryand expert for industry

z

z SQS auditorSQS auditor: ISO 9001, ISO 14001, OHSAS 18001: ISO 9001, ISO 14001, OHSAS 18001

z

z Participation in more thanParticipation in more than 100 certified100 certified QSsQSs

z

z CofracCofracCAI memberCAI member

z

z RepresentativeRepresentative of the Ministerof the Minister of the Interiorof the Interior and Viceand Vice--PresidentPresident of GIS Afnor for of GIS Afnor for the protection and

the protection and securitysecurity of the citizenof the citizen

z

z DefenceDefence advisoradvisor to the Ministerto the Minister of the Interiorof the Interior for securityfor security standardizationstandardization

z

z MemberMember of the IHESI/INHES Business Intelligence workingof the IHESI/INHES Business Intelligence working groupgroup Jean

Jean--Marc PicardMarc Picard Universit

Universitéé de Technologie de Compiède Technologie de Compiègnegne

z

z Former ViceFormer Vice--PresidentPresident of IHESI/INHES auditorsof IHESI/INHES auditors (French national institute(French national institute of advancedof advanced securitysecurity studies

studies))

z

z Former Former Vice-Vice-PresidentPresident of IMDR-of IMDR-SDFSDF

z

z Former editor of the "Monde Informatique"Former editor of the "Monde Informatique"

z

z Former consultant in charge of Former consultant in charge of competitioncompetitionsurveyssurveys for IBMfor IBM

z

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An OECD report: "Space 2030"

z With their unique characteristics, space resources can help us tackle

many major social challenges.

z There could be a promising future for space activities, including public

sector applications.

z The public authorities have a decisive part to play in building an

institutional, legal and regulatory framework for space activities.

The legal framework remains uncertain in many countries

Activity is restricted by uncertainties

Private players do not pay enough attention to new regulatory frameworks
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Understanding the mechanisms and becoming part of

them

z The space sector, for example, is no longer an exclusive preserve.

z It drives industrial activities on a world scale and in a fully competitive environment.

z Consequences:

The activities involved can no longer escape the international laws and mechanisms governing markets: WTO/EU/TBT.

z Two areas are particularly noteworthy:

standardization

Largely defined by markets and alliances

Technical regulations.

z

z TheseThese areas areas willwill control and condition control and condition activityactivity..

z

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Business Intelligence and standardization

z

z Most standards organisations are Most standards organisations are NGOsNGOs..

z

z In In creatingcreating standards, standards, theythey makemake, , confirmconfirm or break or break marketsmarkets..

z

z standardizationstandardization isis not not onlyonly atat the the heartheart of of technologytechnology in in generalgeneral and and trade

trade in in particularparticular, but , but alsoalso governsgoverns all all technicaltechnical regulationsregulations atat the the European

European levellevel (or world (or world levellevel in the case of the WTO). in the case of the WTO).

z

z This This meansmeans thatthat itit alsoalso conditions conditions securitysecurity and and defencedefence provisions provisions and

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Business Intelligence and standardization

z

z standardizationstandardization isis an extension of an extension of contractcontract lawlaw..

z

z ItsIts rootsroots and and processesprocesses are are inspiredinspired by by thosethose of Common Law.of Common Law.

z

z standardizationstandardization cancan buildbuild quasiquasi--legallegal systemssystems thatthat ""bypassbypass" national or " national or eveneven regional

regional systemssystems..

z

z It It cancan have an impact on have an impact on regulationsregulations throughthrough a a numbernumber of of complexcomplex mechanisms

mechanisms..

z

z Nations no longer have the Nations no longer have the samesame freedomfreedom in in technicaltechnical regulationregulation::

WTO TBT

EU Directive 98/34

This is at the heart of the Homeland Security Standards Panel, for example.

z

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Business Intelligence and standardization

z z Standards Standards organisations organisations are

are preciselyprecisely listed

listed by:by:

WTO

EU

Other regions z z Most Most standards standards organisations organisations are

are NGOsNGOs

AFNOR ISO CEN ETSI Fce IEC (CEI) CENELEC ITU ETSI UTE World Europe France General Electricity

Electrical engineering Telecom

JTC1 Vienna agree-ment 1991 Lugano agreement 1990 revised in Dresden in 1996 Independent or even private organisations ECSS IEEE, etc.

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Hierarchy and supremacy of standards

ISO Standard EU Standard (CEN/CENELEC or ETSI) French Standard Harmonised EU Standard French Standard French Standard ISO Standard Harmonised EU Standard
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Creating technical regulations or standards

Technical Regulation or National Standard WTO (via TBT agreement) EU Commission (power to block) Consultation other countries World/WTO
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Technical regulations

z

z EU standards EU standards supersedesupersede national standards:national standards:

But what of the regulations based on these standards?

z

z TechnicalTechnical regulationsregulations cancan bebe consideredconsidered as a TBT if the as a TBT if the specificationsspecifications theythey define

define differdiffer fromfrom thosethose of a of a recognisedrecognised and and widelywidely usedused standard.standard.

z

z National National regulationsregulations cannotcannot contradictcontradict a a newnew--approachapproach directive.directive.

z

z WithinWithin the the contextcontext of the new of the new approachapproach::

Standards are defined by the stakeholders and not national governments.

z

z The The arrivalarrival of the services of the services sectorsector in WTO and EU in WTO and EU agreementsagreements willwill addadd to the to the complexity

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Standards and regulations

z

z Standards Standards nownow concernconcern services and services and organisationalorganisational structures.structures.

z

z TheyThey addressaddress regulatoryregulatory fieldsfields ((securitysecurity, HST, HSE)., HST, HSE).

z

z Control of Control of standardizationstandardization and standards structures and standards structures isis crucial.crucial.

z

z China's massive China's massive investmentinvestment in in manymany IEC/CEI IEC/CEI workingworking groups groups isis not innocent not innocent - -nor

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From legal status to standards

z

z Conditions Conditions underunder whichwhich a standard a standard cancan bebe requiredrequired::

Required by law

Contractual

Contractual following an undertaking

Correct professional practice.

z

z ProblemProblem of of boundaryboundary betweenbetween Standards and Standards and RegulationsRegulations::

Varies from one country to another

Allow for the adopted and excluded baseline

z

z Standards Standards playplay an an increasingincreasing rolerole in in compliancecompliance demonstrationdemonstration.. z

z For For exampleexample: the French : the French insuranceinsurance code:code:

Article 243.1 "the insured shall lose all entitlement to his/her guarantee in the event of an inexcusable failure to observe correct professional practice as defined in current regulations, codes of practice and standards..."

z

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Compliance inspection

z

z Inspection Inspection isis sensitivesensitive

Confidential data

Access to technology

z

z Inspection bodiesInspection bodies

Mutual recognition in the EU

Promoting trade

Making new inroads

z

z Case of the Case of the CMMiCMMi/DOD /DOD baselinebaseline

z

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Application to Business Intelligence

z

z Standards Standards developeddeveloped by consortia have by consortia have ledled to the use of to the use of patentedpatented techniques techniques or

or processesprocesses thatthat are are eithereither proprietaryproprietary or or masteredmastered onlyonly by a few by a few supplierssuppliers. .

z

z WTO + EU WTO + EU makemake sure sure thatthat standards do not standards do not leadlead to to technicaltechnical barriersbarriers to to tradetrade. .

z

z PowerfulPowerful standards organisations are standards organisations are requiredrequired for for thisthis purposepurpose; the ; the problemproblem isis how are

how are theythey to to bebe fundedfunded??

z

z AnotherAnother point to point to bebe borne in borne in mindmind isis thatthat relations relations betweenbetween thesethese organisations organisations are not

are not alwaysalways transparent.transparent.

z

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D2MAC: the battle for standards control

z

z 15 May 1986: the CCIR (ITU) 15 May 1986: the CCIR (ITU) assemblyassembly gatheredgathered in Dubrovnik:in Dubrovnik:

The Europeans proposed their DMac CCIR standards, then the HD Mac standards, compatible with the existing Pal and Secam systems.

z

z D2MAC D2MAC developmentdevelopment waswas in full swing in the in full swing in the ninetiesnineties::

Industry presented specific hardware: TDF1, TDF2 and TVSAT2 satellites.

z

z OLYMPUS. TDF1 and TDF2 OLYMPUS. TDF1 and TDF2 werewere not not launchedlaunched untiluntil 1988 and 1990:1988 and 1990:

They faced stiff competition from private telecom satellites from the Astra family (16 channels instead of four).

z

z HighHigh--power satellites power satellites stillstill usingusing D2MAC D2MAC werewere to to bebe phasedphased out. DMAC out. DMAC disappeared

disappeared. .

z

z HDMAC, the HDMAC, the EuropeanEuropean version of HD TV, version of HD TV, waswas nevernever to to getget off the off the groundground..

z

z In 1992, the "Cour des Comptes" In 1992, the "Cour des Comptes" -- the French revenue court the French revenue court -- describeddescribed the the project

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A game of Monopoly for a new breed of lobbyist

z

z Use standards to Use standards to countercounter regulationsregulations or influence or influence themthem::

Profitable and inexpensive. Make sure that the standard cannot be bypassed by regulations.

z

z Set up a Set up a standardizationstandardization programme to programme to countercounter anotheranother one one throughthrough variousvarious agreements

agreements::

Relatively feasible with a good team and good knowledge of the mechanisms involved

z

z ObtainObtain a patent to a patent to preventprevent the the creationcreation of a standard:of a standard:

Many conditions to be met

z

z CreateCreate a new standard to a new standard to countercounter a a competitor'scompetitor's technicaltechnical progressprogress and force and force him

him intointo the open:the open:

Very effective but no time must be wasted

z

z LaunchLaunch standardizationstandardization workwork to to countercounter a patent:a patent:

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A game of Monopoly for a new breed of lobbyist

z

z IdentifyIdentify the the keykey interestsinterests of of competitorscompetitors in in theirtheir standardizationstandardization strategystrategy::

Basics ....

z

z AssessAssess and count the and count the opponent'sopponent's resourcesresources::

Easier said than done

z

z Group Group activitiesactivities togethertogether by by communitycommunity of of interestinterest: : createcreate thesethese communitiescommunities and forge alliances:

and forge alliances:

▲ Teamwork - everyone's dream! It's almost like playing in the World Cup.

z

z DefineDefine a a policypolicy and and fixfix a budget:a budget:

▲ It's the same in quality assurance - this can never be said enough

z

z BecomeBecome involvedinvolved in in compliancecompliance inspection bodies: inspection bodies:

▲ Invaluable but costly

z

z LaunchLaunch a standard a standard thatthat cancan bebe certifiedcertified in in levelslevels::

Conventional: ISO/IEC 15408 on systems security in 7 levels, American TRLs: doing your friends a favour ....or making some people waste their time and money…

z

z DefineDefine youryour ownown compliancecompliance inspection system:inspection system:

CMM type: the best!

▲ The Chinese have caught on, too

z

z Train Train auditorsauditors and carry out and carry out auditingauditing activitiesactivities::

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Aspects of standardization issues

z

z standardizationstandardization isis not not restrictedrestricted to to spacespace activitiesactivities.. z

z If If theythey hopehope to control the value to control the value chainchain, people in , people in industryindustry need

need to control to control standardizationstandardization beyondbeyond theirtheir corecore activitiesactivities and

and becomebecome involvedinvolved in more in more remoteremote technologies:technologies:

Controlling the new machine directive and the related standards is as much a matter of distant "inputs" as "outputs".

▲ Controlling the revision of ISO 9001 on the notion of corrective action and making it consistent with dependability can be just as important in terms of repercussions.

z

z ControllingControlling standardizationstandardization meansmeans controllingcontrolling youryour protection:protection:

▲ (examples are the future electronics specs/standards: all the more important for Contracting Authorities which have no control over manufacturing. Join JTC1/ISO or standardise data exchange formats in the space sector, which more or less means patenting your system or imposing your working methods, thereby forcing the competition to adapt. Lastly, ECSS in or outside CEN/ISO)

z

z Attitudes to Attitudes to standardizationstandardization stem more stem more fromfrom ignorance ignorance thanthanopposition.opposition.

z

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Aspects of standardization issues

z

z Public Public authoritiesauthorities and businesses must and businesses must makemake more of a collective effort. (more of a collective effort. (seesee the the CarayonCarayon report).

report). z

z There There cancan bebe no no standardizationstandardization withoutwithout politicalpolitical regulationregulation. .

z

z Whatever's good for the Whatever's good for the governmentgovernment shouldshould bebe good for business and good for business and whatever's

whatever's good for business good for business shouldshould bebe good for the good for the governmentgovernment: : that'sthat's whatwhat Business Intelligence

Business Intelligence isis about.about.

z

z But But thisthis cannotcannot alwaysalways bebe achievedachieved. .

z

z So So wewe must must bebe able to able to weighweigh up the real sacrifices and up the real sacrifices and benefitsbenefits -- thatthat isis the the aim

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THANK YOU FOR YOUR

ATTENTION

www.utc.fr/~picardje

j

[email protected]

[email protected]

References

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