SIIA Supports the Cybersecurity Act of 2013 (S. 1353)

Today I wrote on behalf of SIIA to express support for the Cybersecurity Act of 2013 (S. 1353). SIIA is dedicated to maintaining and expanding the partnership between the private sector and the government to address our collective cyber security challenges, and we believe S. 1353 will help accomplish this objective.

Today’s cyber threats are more sophisticated and targeted than ever and are growing at an unprecedented rate. Cybercrime perpetrators have evolved from simple, low-budget hackers into cutting-edge state-sponsored threats, or well-financed criminal operations that contribute to a multi-million dollar cybercrime industry.

A critical cybersecurity priority for SIIA is to preserve IT innovation and technology neutrality. Additionally, SIIA has worked closely with the National Institute of Standards and Technology’s (NIST) across a wide range of initiatives to facilitate and support the development of voluntary, industry-led standards, and we believe NIST has a critical function to play in leading this effort in the development of cybersecurity standards and best practices for critical infrastructure. And SIIA is strongly supportive of efforts to enhance cybersecurity research and development, and to improve the cyber workforce and enhance education and public awareness of cybersecurity.

SIIA supports S. 1353 because it would accomplish these critical objectives for protecting the Nation from cyber threats.


Ken WaschKen Wasch is President of SIIA. Follow the SIIA Software team on twitter at @SIIASoftware.

SIIA Supports Mobile App Code of Conduct

SIIA today voted in favor of the Short Form Notice Code of Conduct developed as part of the U.S. Department of Commerce’s Privacy Multi-stakeholder Process on Mobile Application Transparency.

With the passage of this Code of Conduct, consumers will have more information about how their data is being used by mobile apps, and a greater ability to protect their privacy.

We don’t agree completely with all of the elements of the code, and we will continue to work to ensure that companies have substantial flexibility in providing privacy notices.  However, this Code of Conduct empowers consumers and provides an important roadmap for developers to create ‘short form’ privacy notices for consumer apps. We look forward to working with our members and the industry to encourage implementation of the guidelines set out by this Code of Conduct.

In a time of rapidly evolving technology, industry self-regulation is the most effective way to maintain the right balance between consumer confidence and continued innovation.  Without collaborative, voluntary efforts such as this mobile privacy code, we risk heavy-handed legislation or government regulation that would harm tech innovation, job creation and economic progress.

SIIA continues to strongly support the Obama Administration’s commitment to creating voluntary privacy codes of conduct through multistakeholder collaboration, and we look forward to engaging in future initiatives to this end.


Ken WaschKen Wasch is President of SIIA. Follow the SIIA Software team on twitter at @SIIASoftware.

SIIA Endorses Postal Reform Act of 2013

SIIA fully endorsed the Postal Reform Act of 2013, which passed the House Committee on Oversight and Government Reform tonight by a vote of 22-17.  The legislation was introduced on Friday July 19 by House Oversight and Government Reform Committee Chairman Darrell Issa (R-CA).

The Postal Reform Act of 2013 is exactly the kind of reform we need to get the USPS back on the path to financial stability and to provide a reliable and sustainable delivery service for mailers.

Importantly for SIIA members, the Postal Reform Act of 2013 maintains the Consumer Price Index-based rate structure and also establishes a common sense timetable to evaluate rates and cost coverage for classes of mail not meeting attributable costs. In addition, the legislation re-amortizes retiree health care prefunding requirements, streamlines the process for USPS facility consolidation, authorizes a temporary control authority to restructure the Postal Service, gives USPS increased ability to right size its labor force and allows the USPS to shift to a modified 5-day delivery schedule.

SIIA’s members mail approximately 800 million magazines and newsletters each year. Any rate increases beyond annual CPI will simply drive more and more of those periodicals out of the mail stream and USPS will never get them back. We applaud Chairman Issa for the way this legislation deals with these complex rate issues.

We recently released a member survey finding that two out of three SIIA members would reduce mailed periodicals by an average of 11 percent if postal rates increased by a total of 7.5 percent (estimated CPI and a 5 percent additional surcharge) next year. Such a result would reduce mail volume and revenue to USPS rather than increasing it. SIIA members collectively spend an estimated $260 million in postage each year

Chairman Issa’s legislation wisely puts the impetus for cost saving reforms on the back of the Postal Service rather than mailers who actually provide 90 percent of USPS revenue.


Ken WaschKen Wasch is President of SIIA. Follow the SIIA Software team on twitter at @SIIASoftware.

ABM and SIIA Close Merger, Announce Plans for Joint Content Industry Events

SIIA and ABM, the association of business information and media companies, announced the closing of their merger today.  By joining forces, the organizations will create the most comprehensive, global business information and media industry association.

The merger became official on July 1, and the combined organization is planning new initiatives and collaborating on content industry events, with ABM operating as a division within SIIA.  The combined force of their over 800 member companies will lead to significant new services and thought leadership over time. But the SIIA is immediately launching first steps such as new events, webinars and conferences, including:

  • Digital Content & Media Summit: Exploring the skills you need to survive in the digital content future,to be held on September 23 in London
  • DataContent2013: Uncover New Opportunities in Data for Information Publisherswill be held on October 15 in Philadelphia
  • SIPA Marketing Conference: Putting it all Together, to be held on December 11 in Las Vegas
  • New webinars in mobile, and other topics of interest to the broad b2b media industry.
  • ABM Regional conferences will be reborn in the form of SIIA-ABM INFO Local eventsCurrently, INFO Local events are planned for Atlanta, Boston, Washington D.C., Los Angeles, New York, San Francisco and London.

ABM will continue to offer its member services, including signature ABM events, awards programs and Committees & Councils, while finding ways to cross-pollinate membership and share resources. Importantly, the combined organization will also join forces in government affairs, creating a powerful global force in important legal and public policy debates across a wide range of issues impacting members’ business practices and revenues.


Ken WaschKen Wasch is President of SIIA. Follow the SIIA Software team on twitter at @SIIASoftware.

SIIA to Focus on Patent Troll Legislation, Mobile Privacy and Data-Driven Innovation in Second Half Of 2013

The SIIA Government Affairs Council met today to identify the organization’s policy priorities for the remainder of 2013.  We have decided we will focus on the passage of patent troll legislation and develop support for an industry-led code for mobile privacy. We also re-affirmed their commitment to making data-driven innovation a top policy priority.

The SIIA Government Affairs Council includes: Adobe, Cengage, Dow Jones, Intuit, Kiplinger, Google, IBM, McGraw Hill Education, McGraw Hill Financial, Oracle, Pearson, Red Hat, Reed Elsevier, SAS, and Thomson Reuters.

In the first half of 2013, SIIA released a White Paper on Data Driven Innovation, put an increased focus on digital trade issues here and abroad, and launched the SIIA Tech Policy Speaker Series.  The Speaker Series, which kicked-off with an address by House Judiciary Chairman Bob Goodlatte on legislation to control patent troll abuse, will continue to be key part of SIIA’s policy program.”

For the remainder of the year, a major priority will be the passage of meaningful legislation to reign in abuses by patent trolls in a way that preserves the important role of patents in advancing innovation and that does not discriminate against software patents.

In addition, we will work to advance an industry-led multistakeholder code of conduct for mobile privacy that the industry can consult when it notifies users about information collection.

Recognizing that data is currently one of the biggest drivers of economic opportunity, SIIA will continue its focus on advancing the positive use of data and data analytics.  This effort is a key theme unifying our work on behalf of members. It is essential that public policy reflects the fact that innovation and business strategies are increasingly driven by data.  Importantly, data-driven innovation not only holds the promise of advancing economic opportunity and jobs, but of providing tremendous consumer and societal benefits.  We are convinced that this can be done in a balanced way that protects and preserves privacy and intellectual property rights.

We also announced our policy priorities for 2013 in technology policy, intellectual property public sector IT, and education.

Technology Policy Priorities

  • Continue working through the NTIA process to finalize a voluntary code of conduct for mobile app transparency.
  • Support enactment of the Electronic Communications Privacy Act Amendments Act of 2013 (S. 607) to level the playing field for access to digital content regardless of where it is stored.
  • Promote policies around the world that facilitate cross-border data flows, and develop interoperable legal frameworks that help to advance global implementation of Internet computing.
  • Promote critical cybersecurity legislation that will help the public and private sectors work together to more effectively mitigate this threat, without stifling innovation.
  • Lead a campaign to educate policymakers and thought-leaders about the economic and social value of data-driven innovation, and to promote the policy recommendations established in SIIA’s recent white paper: Data-Driven Innovation, A Guide for Policymakers: Understanding and Enabling the Economic and Social Value of Data.

Intellectual Property Priorities

  • Protect the economic interests and rights of software and content publishers by advocating a narrowly targeted legislative response to the Supreme Court opinion in Kirtsaeng v. John Wiley & Sons Inc. and any other cases, policies or legislation relating to the copyright law’s first sale exception/exhaustion principle that may unduly limit their ability to control distribution of their software and content products through licensing and other means in the United States and abroad.
  • Encourage economic growth and innovation by urging enactment of meaningful legislative and other policy reforms to the patent system to address the ongoing problem of patent trolls, including measures to restrict asymmetric discovery burdens, in a manner that preserves the value of the patent system to promote and protect innovation and does not discriminate against or otherwise accord special treatment to software patents.
  • Monitor and advocate for a domain name system that includes meaningful and effective safeguards to protect copyright and trademark owners from piracy and counterfeiting, which includes, among other things, ensuring that domain name and IP address Whois databases are publicly accessible, accurate, reliable and sufficiently detailed, as key tools to combat online infringement of copyrights and trademarks, and other fraudulent or criminal acts online.
  • Actively monitor for, and act upon as necessary, hearings, legislative or regulatory copyright reform proposals in the United States and abroad, such as issues relating to orphan works, library exceptions and piracy, to ensure that they advance and do not adversely affect the copyright interests of SIIA members.
  • Oppose changes to the CFAA that would unduly limit the ability of SIIA members to deter and prevent unauthorized access – and access that exceeds authorized access to databases, subscription services and cloud services.

Public Sector IT Priorities

  • Encourage Administration IT initiatives for federal agencies to be more open, transparent and efficient, delivering better services to citizens, while reducing the overall cost of government.  Information Technology has and will continue to play a role in the Federal government’s effort to deliver better services to citizens, while reducing the overall cost of government.
  • Support government policies and initiatives aimed at disseminating the results of publicly-funded research, consistent with the protections afforded to America’s copyright owners. However, it is essential that these policies and initiatives be limited to the direct results of publicly-funded research and not extend to value-added information products and services merely because they contain the research results. The peer reviewed journals that private-sector publishers, professional societies, university presses and commercial publishers publish are examples of such value-added products, rather than examples of Government information.
  • Support a continuation of the effort to move agencies to cloud, consolidate and optimize the existing data center infrastructure and better leverage government data.
  • Advocate for key administration initiatives that support the overall mission of the SIIA Public Sector Innovation Group including:  Cloud First, Big Data, Data Center Consolidation, Digital Government/Mobile, and FedRAMP.
  • Support reasonable reform of the Federal acquisition process, which needs to change to keep pace with the rapid pace of technology.
  • Intervene to support member interest in the legislative consideration of the proposal by Chairman Darrell Issa to reform federal IT acquisition to keep pace with technology.

Education Priorities

  • Increase federal and state investment in digital learning, including through enhancements to the federal E-Rate and pending federal Elementary and Secondary Education Act reauthorization.
  • Reform outdated regulations in favor of 21st Century e-learning policies, including support for anytime/everywhere learning, competency-based learning and effective use of data to personalize learning.
  • Support the value of the for-profit sector in serving education needs, including through government-industry R&D partnership and not government competition with the private sector.

Ken WaschKen Wasch is President of SIIA. Follow the SIIA Software team on twitter at @SIIASoftware.

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

SIIA today 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.

Chairman Goodlatte discussed his new discussion draft patent reform legislation, 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.

At the event, SIIA president I said this:

Patent trolls do not innovate, make or sell anything, but exist simply to buy patents for the sole purpose of suing legitimate companies for infringement. These patent trolls are masters at abusing and manipulating the patent system.  They find flaws in the system and exploit them to their advantage and to the disadvantage of innovative industries, their customers and the public.

Studies have shown that the abusive lawsuits by patent trolls have cost the U.S. economy $500 billion over the last twenty years. The good news is that the momentum for action on patent reform is growing by the day.  Just today, the White House announced a comprehensive plan, and in recent weeks we’ve seen hearings on Capitol Hill, a new bill by Senator Cornyn, the announcement of plan by Chairman Goodlatte, and discussion of additional legislative efforts.

The call for reform has come from industry and government, from Republicans and Democrats, and from the White House and Congress.  We believe the progress towards an effective solution will come quickly.

Chairman Goodlatte said at the event:

Abusive patent troll litigation strikes at the very heart of American innovation and jobs…The patent system was never intended to be a playground for trial lawyers and frivolous claims. That is why we have put forward a bicameral patent discussion draft that lays out key reforms to discourage frivolous patent litigation and ensure that our U.S. patent laws are kept up to date.

On May 23, I – in consultation with Senate Judiciary Committee Chairman Pat Leahy – released a patent discussion draft that helps to address the issues that businesses of all sizes and industries face from patent-troll type behavior and aims to correct the current asymmetries surrounding abusive patent litigation.

We worked to strike a balanced approach with our discussion draft, focusing on abusive patent litigation behavior rather than specific entities.  The bill contains provisions that deal with the Federal Courts and the USPTO, and the bill makes improvements and other technical corrections to the America Invents Act (AIA).

Taken as a whole, the bill is designed to positively help reshape the current environment surrounding patent troll-type behavior and abusive patent litigation. Each of the sections work together to reduce the costs of frivolous litigation, increase patent certainty and in the end, promote job creation and innovation.

SIIA has been playing an active role in seeking legislative solutions to the growing problem of abusive patent litigation.  Today’s event also featured a panel discussion with:

  • Aaron Cooper, Senior Counsel for Intellectual Property and Antitrust to Senator Leahy on the Senate Judiciary Committee
  • John Boswell, Senior VP, Chief Legal Officer and Corporate Secretary for SAS
  • Charles Duan, Patent Reform Project Director, Public Knowledge
  • Mallory Duncan, Senior VP, General Counsel for the National Retail Federation
  • Jason Mahler, VP, Government Affairs for Oracle (Moderator)

Ken WaschKen Wasch is President of SIIA. Follow the SIIA Software team on twitter at @SIIASoftware.

SIIA Welcomes Increased Congressional Focus on Patent Trolls; Applauds Sen. Cornyn’s Bill Introduced Today

SIIA today commended Senator John Cornyn (R-TX) for introducing The Patent Abuse Reduction Act, and for his leadership on efforts to curtail patent troll activity. The bill, which is one of a growing number of legislative efforts aimed at attacking the problem of abusive patent litigation, calls for several steps that SIIA supports, including: a heightened pleading requirement for plaintiffs; increased transparency for determining the parties that are actually behind a lawsuit, and; requirements that parties pay for any discovery that is beyond “core” materials.

The economic harm being caused by patent trolls is receiving increased attention in Congress, and we commend Senator Cornyn for his leadership on this issue.  We applaud his introduction of strong thoughtful legislation that would implement several needed patent litigation reforms. It is a crucial step toward an effective legislative response to the plague of patent trolls damaging American innovation and our economy.  As we seek to enact effective, comprehensive patent troll reform legislation this year, we look forward to working closely with Senator Cornyn, the leadership and members of the Senate and House Judiciary Committees and other stakeholders.


Ken WaschKen Wasch is President of SIIA. Follow the SIIA Software team on twitter at @SIIASoftware.