Digital Policy Roundup: Momentum Growing for Federal Investment in Digital Learning, House passes Federal IT Reform, and Growing Need for Patent Troll Legislation Highlighted

Momentum Growing for Federal Investment in Digital Learning

Efforts to expand use of technology in education received several boosts this month, including when President Obama announced the ConnectED initiative. With this initiative, the President called on the FCC to modernize and leverage the existing E-Rate program to connect 99 percent of America’s students through next-generation broadband within the next five years, and add high-speed wireless within, their schools and libraries. The President’s proposal recognizes the need to build on private sector innovation to allow teachers and students to take full advantage of feature-rich educational devices, and high-quality educational software (including applications). Support is also growing in Congress, where Rep. George Miller, Ranking Democrat on the House Education & the Workforce Committee, introduced legislation to support school technology readiness and teacher professional development to ensure all students can access and benefit from technology. And Senate H.E.L.P. Committee Chairman Tom Harkin includes a number of related programs and provisions in his recently marked up legislation to reauthorize the No Child Left Behind Act. SIIA has long championed such federal investments and calls on the FCC and Congress to advance these and related initiatives needed to ensure all students and educators can realize the educational benefits made possible by technology. Read more on SIIA’s Digital Discourse Blog.

House passes Federal IT Reform

On Friday, the US House of Representatives passed an amendment to the FY 2014 Defense Authorization bill, adding Rep. Issa’s (R-CA) federal IT reform legislation to the bill. The revised version of the bill increases the authority of agency CIOs, promotes increased training of the IT acquisition workforce and expands efforts to optimize the data center infrastructure. The bill now moves to the Senate, where the Homeland Security and Governmental Affairs Committee (HSGAC) has jurisdiction over federal IT but the issue will have to be addressed jointly by HSGAC and the Senate Armed Services Committee since the language is now part of the must-pass Defense bill. Read more on SIIA’s Digital Discourse Blog.

Rep. Goodlatte, Sen. Leahy Staff Discuss Growing Need for Patent Troll Legislation

In case you missed it, on June 4 SIIA hosted House Judiciary Chairman Bob Goodlatte (R-VA) for an important and timely discussion about the growing need for legislative action to curtail abusive patent litigation. The Capitol Hill event was the first in SIIA’s new Tech Policy Speaker Series, and it provided Chairman Goodlatte the opportunity to publicly announce his new discussion draft patent reform legislation to reshape the current environment surrounding patent troll-type behavior and abusive patent litigation, along with his perspective on the problem of patent trolls and their impact on the U.S. economy. The event also included a panel discussion with Aaron Cooper, the chief intellectual property counsel for Senator Patrick Leahy (D-VT), and other experts. Read more on SIIA’s Digital Discourse Blog.


David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy. Follow the SIIA public policy team on Twitter at @SIIAPubPolicy.

Digital Policy Roundup: SIIA Hosts Patent Troll Discussion w/ Chairman Goodlatte, Advises FTC on “Internet of Things”

SIIA Hosts Patent Troll Discussion w/ Chairman Goodlatte

Today at noon, SIIA will host House Judiciary Chairman Bob Goodlatte (R-VA) for the first event in its new Tech Policy Speaker Series in Washington, DC. The timely discussion will focus on the growing need for legislative action that addresses abusive patent litigation. Chairman Goodlatte will discuss his new discussion draft patent reform legislation (publicly released on May 23) along with his perspective on the problem of patent trolls and their impact on the U.S. economy. The event will also feature a panel discussion with Aaron Cooper, Senator Leahy’s Senior Counsel for Intellectual Property and Antitrust on the Senate Judiciary Committee, along with experts from SAS, Oracle, the National Retail Federation and Public Knowledge.

It is estimated that abusive patent litigation has cost the U.S. economy $500 billion over the last 20 years, and the annual costs of these patent assertions has increased 500 percent since 2005 to more than $29 billion each year. So it’s no surprise that the momentum for action on patent reform is growing stronger by the day. To that end, the White House today announced a comprehensive plan to address patent litigation abuse. With strong support from industry and government, including Republicans and Democrats, and key leadership in both the House and Senate, and now from the White, SIIA believes the progress towards an effective solution can come quickly.

SIIA to FTC: Internet of Things Requires Technology Neutral Policies and Flexible Privacy Framework

SIIA on Friday encouraged the FTC to be careful in its analysis of the “Internet of Things”–the growing supply of data inputs, sensors and interfaces that are embedded in our vehicles, household appliances, and beyond. SIIA agrees with the FTC that privacy and security are critical to unleashing the full potential of the growing supply of data inputs from the new sensors and interfaces that are becoming part of our everyday lives. However, in our comments, we urged the FTC to proceed cautiously if formulating any new policies, as these are likely to steer the future of data-driven innovation and the scope of American innovation for decades to come.

Software and apps are now rapidly evolving as new services are offered seamlessly across our devices and appliances. As we recently identified in our white paper on “Data Driven Innovation,” the new Internet-enabled IT ecosystem has unleashed tremendous opportunities for economic growth and social innovation. In order to maximize innovation and economic growth, SIIA advised the FTC to to promote technology neutral policies, to support a policy framework that provides for an evolving view of privacy rights based on risk and societal benefits, re-assess long standing principles such as data minimization and encourage de-identification without creating broad mandates to that end. Read more on SIIA’s Digital Discourse Blog or the full comments.


David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy. Follow the SIIA public policy team on Twitter at @SIIAPubPolicy.

SIIA to FTC: Internet of Things Requires Technology Neutral Policies and Flexible Privacy Framework

SIIA on Friday encouraged the FTC to be careful in its analysis of the “Internet of Things”—the growing supply of data inputs, sensors and interfaces that are embedded in our vehicles, household appliances, and beyond. SIIA agrees with the FTC that privacy and security are critical to unleashing the full potential of the growing supply of data inputs from the new sensors and interfaces that are becoming part of our everyday lives. However, in our comments to the Commission, we asked that the FTC proceed cautiously if formulating any new policies, as these are likely to steer the future of DDI and the scope of what is possible for American innovation for decades to come.

Software and apps are now rapidly evolving as new services are offered seamlessly across our devices and appliances. As we recently identified in our white paper on Data Driven Innovation,” the new Internet-enabled IT ecosystem has unleashed tremendous opportunities for economic growth and social innovation.

First and foremost, SIIA urged the Commission to promote technology neutral policies and avoid technology mandates.  For example, given the range of devices that lead to the collection and utilization of data, it is impractical and ineffective to create policies based solely on a specific type of device, or an arbitrary characteristic of a device, like whether it is mobile like a smartphone or automobile sensor, or whether it is stationary, such as a computer or a refrigerator. While it might seem practical to target specific devices or platforms, this approach is likely to become dated within a matter of months or years due to the rapid evolution of IT.

With respect to privacy, SIIA urged the FTC to support a policy framework that provides for an evolving view of privacy rights based on risk and societal benefits, re-assess long standing principles such as data minimization and encourage de-identification without creating broad mandates to that end.   Read the full comments here.


David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy. Follow the SIIA public policy team on Twitter at @SIIAPubPolicy.

Digital Policy Roundup: SIIA Releases White Paper, Policy Guide for Data-Driven Innovation, Comments on USG Cyber Procurement

SIIA Releases White Paper, Policy Guide for Data-Driven Innovation

On Monday, SIIA released a white paper that provides an in-depth look at the benefits of Data-driven Innovation, along with a detailed public policy roadmap. SIIA crafted the white paper to provide guidance to help policymakers understand and enable the economic and social value of data-driven innovation, urging them to proceed cautiously and avoid policies that seek to curb the use of data, as they could stifle this nascent technological and economic revolution before it can truly take hold.

Data collection and use is at crossroads, and decisions by policymakers could have an enormous impact on American innovation, jobs and economic growth. It is essential for policymakers to recognize that data-driven innovation presents an economic growth engine that is revolutionizing our lives and will create 1.9 million U.S. jobs by 2015. With this paper, we’ve taken a comprehensive look at the issue — providing significant analysis of where the opportunities lie with data and what needs to be done to unlock its full potential. Our goal is help government and industry work together to enable the transformative power of data-driven innovation, and to avoid strict regulations that will stifle innovation and economic opportunity.

The full white paper is available here. Read more on SIIA’s Digital Discourse Blog or recent coverage by the Washington Post.

SIIA Responds to RFI on Acquisition Provisions in Cybersecurity Executive Order

Earlier this week, SIIA submitted comments in response to the GSA and DOD solicitation for input on Improving Critical Infrastructure Protection. In our comments, SIIA expresses support for the overall goals of the Administration in developing a cybersecurity framework that improves our ability to protect government information and critical infrastructure from cyber-attacks, but raises significant concerns regarding the potential effects of its implementation as proposed. Specifically, SIIA highlighted questions and concerns about the broad scope of the proposal, that it may conflict with sector-specific guidance and urges the Administration to avoid establishing a new, overly prescriptive supply chain or software assurance scheme that would establish the Government as a leader in the process of developing technology or that would create a U.S.-centric standard. Read more on SIIA’s Digital Discourse Blog.


David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy. Follow the SIIA public policy team on Twitter at @SIIAPubPolicy.

Data Driven Innovation Case Study: Pearson-Enabling the Digital Ocean to Improve Student Outcomes

Data-Driven Innovation (DDI) benefits all sectors of our economy, increases efficiency, saves money and resources, and improves quality of life. From safety and security, to the environment and infrastructure, to health and education, the opportunities for DDI to improve our lives are boundless. In SIIA’s whitepaper, Data-Driven Innovation A Guide for Policymakers: Understanding and Enabling the Economic and Social Value of Data, we explored the ways our member companies are leveraging data to provide cutting edge solutions. Here’s one case study, from Pearson:

Today, we’re in the digital ocean. We can gather information about students’ daily learning activities and interactions with content as they happen in computer-based instruction. The increase of technology-based learning in schools enables us to have all students doing meaningful activity on digital devices. Computers now allow us to capture all kinds of data about what students do as they interact with learning material, seamlessly recorded as they go about their daily learning activity. These interactions can produce an “ocean” of data that, if used correctly, can give us a completely different view of how students progress in acquiring knowledge, skills, and attributes.

This ability to capture data from everyday student learning activity should fundamentally change how we think about assessment.

Invisible assessments allow us to gather information much more frequently without interrupting the flow of instruction, hence the term “invisible.” This lets us provide teachers, students, and parents with feedback about progress immediately and in time to make adjustments to teaching and learning. It also eliminates the common complaint about the heavy time requirements of traditional assessment.

By capturing many, many observations of a student’s learning activity over time, we are able to build models of student learning and proficiency without the pressure of performance on a single test.


David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy. Follow the SIIA public policy team on Twitter at @SIIAPubPolicy.

SIIA Releases Policy Roadmap to Allow Data-Driven Innovation to Drive U.S. Innovation & Economic Opportunity

SIIA released a white paper today that provides an in-depth look at the benefits and challenges of data-driven innovation along with a detailed public policy roadmap. SIIA crafted the white paper to provide guidance to help policymakers understand and enable the economic and social value of data-driven innovation. The full white paper is available here.

Data collection and use is at crossroads, and decisions by policymakers could have an enormous impact on American innovation, jobs and economic growth. It is essential for policymakers to recognize that data-driven innovation presents an economic growth engine that is revolutionizing our lives and will create 1.9 million U.S. jobs by 2015.  At the same time, we have to address the very legitimate questions about the storage and use of data without strict regulation that stifles economic opportunity.  With this paper, we’ve taken a comprehensive look at the issue – providing significant analysis of where the opportunities lie with data and what needs to be done to unlock its full potential.   Our goal is help government and industry enable the transformative power of data-driven innovation.

In the white paper, SIIA writes,

Technologists, privacy advocates and policymakers can work together to foster the societal, governmental and business opportunities created by data-driven innovation, while also meeting the challenge of protecting privacy…SIIA urges policymakers to proceed cautiously and avoid policies that seek to curb the use of data, as they could stifle this nascent technological and economic revolution before it can truly take hold.

SIIA’s fundamental principle for policymakers is to avoid creating broad policies that curb data collection and analysis. More specifically, SIIA outlines 10 essential policy recommendations that it believes will make certain there is an effective balance between ensuring the tremendous economic and technological opportunity of data, and addressing privacy and other concerns:

  1. To meet its full potential, DDI requires a policy framework that provides for an evolving view of privacy rights based on risk and societal benefits.
  2. The principle of data minimization should be re-interpreted in light of DDI.
  3. Policymakers should encourage de-identification as a way to balance the needs of DDI and privacy protection.
  4. Uniform rules should not apply broadly to the collection of personal information and the role of consent.
  5. Policymakers should promote technology neutrality and avoid technology mandates.
  6. Open standards are critical enablers of DDI, but they must continue to evolve through industry-led standards development organizations, not governments.
  7. Policies should allow data collectors and controllers to work with data management and analytics suppliers to comply with privacy and security rules through contracts across varying jurisdictions.
  8. Policies must continue to balance the need of protecting the privacy of students, while enabling DDI to greatly enhance the teaching and learning experience.
  9. Governments should adopt policies that leverage DDI to make government more efficient and effective and reduce government waste.
  10. Governments should continue to embrace open data policies and public-private partnerships that maximize access to critical public data.

As the leading representative of the software and digital content industries, SIIA has long anticipated the opportunities that will arise from the evolution and convergence of information and computing platforms. Many of SIIA’s more than 700 member companies are key enablers of data-driven innovation.


David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy. Follow the SIIA public policy team on Twitter at @SIIAPubPolicy.

Digital Policy Roundup: Patent Reform Legislation Continues to Percolate, Comprehensive IP Reform Gets its Day in the Sun, and White House Promotes Open Data and Interoperability

Patent Reform Legislation Continues to Percolate

The patent troll issue continues to be a problem for software and technology companies. This has not gone unnoticed by Congress, as key leaders in the House and Senate continue to push forward on legislation aimed at addressing this significant problem.  Senate Judiciary Chairman Patrick Leahy (D-VT) reaffirmed his support to champion bipartisan legislation in late April. And last week Senator Charles Schumer (D-NY) introduced S. 866, a bill to expand the ability of businesses to initiate USPTO post-grant review  of a patent in question when they are sued for infringement or charged with infringement of certain business method patents.  This is the second major Senate proposal aimed at curtailing activities of patent trolls, as H.R. 845 (the “Shield Act”) was introduced by Sen. Peter Dafazio (D-OR) earlier in the year.  It is expected that leadership in both House and Senate Judiciary Committees will release patent reform discussion draft legislation in the near future, perhaps as soon as Memorial Day.  SIIA will continue to work closely with the respective committees throughout this process.

Comprehensive IP Reform Gets its Day in the Sun

As we reported in late March, U.S. Copyright head Maria Pallente sent shockwaves through the copyright world by suggesting that the Congress should embark upon comprehensive copyright reform.  House Judiciary Chairman Bob Goodlatte (R-VA) endorsed the concept in a statement released in late April announcing a series of comprehensive hearings on the topic of copyright reform.  The first of these hearings will take place this Thursday.  Of course, we all know the word “comprehensive” doesn’t usually translate into “fast-moving” in Congress, and copyright policy has not been without significant controversy in the past year. So, suffice it to say, Thursday’s hearing should be viewed as the beginning of a long process that may or may not yield “comprehensive” reform any time this Congress, or the next one for that matter. 

White House Promotes Open Data and Interoperability

The U.S. Federal Government, state and local governments, and governments around the world possess treasure troves of valuable data that have gone largely untapped for many years.  More than ever before, citizens want access to government data, and they want it applied in innovative ways to which they are increasingly becoming accustomed. Last week, President Obama issued an Executive Order “Making Open and Machine Readable the New Default for Government Information” and an OMB Memorandum (M-13-13) updating the Digital Government Strategy.  The updated policy seeks to further enhance the government’s open data initiative, making machine readable data the default for government data, while helping to establish a framework for effective information management at each stage of the information’s lifecycle to promote openness and interoperability. SIIA applauded the President for continuing to embrace open data policies, while also embracing policies that increase the use of data analytics to make strategic decisions. Read more on SIIA’s Digital Discourse Blog.


David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy. Follow the SIIA public policy team on Twitter at @SIIAPubPolicy.