SIIA Makes Policy Recommendations for the Internet of Things
Yesterday, SIIA’s David LeDuc, participated in an important discussion at the National Press Club about building trust and confidence with regard to the “Internet of Things.” At the Internet of Things Global Summit, LeDuc explained that we are at a key inflection point in the evolution of information technology (IT), as it has transformed from a specialized tool into a pervasive influence on nearly every aspect of everyday life. Highlighting the tremendous economic and social value of data-driven innovation, LeDuc proposed a policy framework for maximizing the beneficial outcomes of the IoT. Read more on SIIA’s Digital Discourse Blog.

SIIA Joins Call for Surveillance Transparency Legislation
On Monday, SIIA joined with a broad group of tech companies and civil rights groups including Google, Apple, Twitter and the ACLU in support of legislation that would improve transparency around government surveillance of the Internet. In a letter to Senate and House Judiciary Committee leaders, the group urged consideration of Sen. Al Franken’s (D-MN) Surveillance Transparency Act of 2013, and Rep. Zoe Lofgren’s (D-CA)Surveillance Order Reporting Act of 2013, proposals that would clarify that companies have the right to publish basic statistics about government demands for user data that they receive. Such transparency is important not only for the American people, who are entitled to have an informed public debate about the appropriateness of that surveillance, but also for international users of U.S.-based service providers who are concerned about privacy and security. 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.

FTC Announces Workshop on Native Advertising
On Tuesday, the Federal Trade Commission announced that it will host a workshop on December 4, 2013, to examine the practice of blending advertisements with news, entertainment, and other content in digital media, referred to as “native advertising” or “sponsored content.” In the announcement, the FTC noted that “increasingly, advertisements that more closely resemble the content in which they are embedded are replacing banner advertisements – graphical images that typically are rectangular in shape – on publishers’ websites and mobile applications. The workshop will bring together publishing and advertising industry representatives, consumer advocates, academics, and government regulators to explore changes in how paid messages are presented to consumers and consumers’ recognition and understanding of these messages.

SIIA’s Comments to FCC Identify 10 Steps for Enhancing the E-Rate Program
In comments submitted Monday to the Federal Communications Commission’s (FCC) proposal to modernize the E-rate Program for schools and libraries, SIIA strongly supported the Commission’s effort to review, modernize and enhance the program and made 10 recommendations. The E-rate program provides schools and libraries with discounts off advanced telecommunications and information services in order to ensure their affordable access. At the core of SIIA’s objectives, robust Internet access through high-speed broadband connectivity is critical to a 21st century education system, and to providing educators and students with access to technology-based tools and resources that are mission critical for teaching and learning in today’s digital age. For more information or to access the comments, visit our Digital Discourse Blog.

Postal Board Defers, but Rate Increases Still Possibly on Horizon
On September 5th the Postal Board of Governors met to consider rate increases, including a possible exigent rate increase on periodicals. The Board deferred a decision on the exigent rate increase until at least its next meeting which is scheduled for next week, September 24th and 25th. Meanwhile, SIIA recently met with members of the Postal Regulatory Commission and congressional leaders on this issue to discuss our concerns with the possible exigent rate increase, as well as other matters potentially impacting our members. While there are a number of moving parts to this discussion, SIIA is continuing to monitor developments related to a possible exigent rate increase and remains engaged with policymakers.As of right now, we continue to believe a potential rate increase of 7-10% is a possibility with a likely exigent filing by USPS and negative rate provisions in the Senate version of postal reform legislation. At this point we expect a CPI increase of approximately 1.8% will go into effect in January.

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.

Draft Cyber Framework Released
Heading into Labor Day weekend, the National Institute of Standards and Technology (NIST) released with little fanfare last Thursday a preliminary cybersecurity draft framework outlining standards, best practices and guidance expected to be codified in October as directed by President Barack Obama’s February executive order. The report is a discussion draft intended to generate feedback and discussion NIST’s 4th Cybersecurity Framework Workshop in Dallas on Sept. 11-13.

SIIA Promotes Mobile Privacy Code of Conduct over Regulation
As a follow-up to the mobile privacy code of conduct developed through the Department of Commerce multistakeholder discussions, The Hill published an op-ed from SIIA President Ken Wasch touting the promise of industry self-regulation to provide a trusted environment for mobile device users. Wasch notes that in a time of rapidly evolving technology, this approach is the only way to effectively maintain the right balance between consumer confidence and continued innovation — a balance that government regulation or legislation would most certainly fail to accomplish.

SIIA highlights Serious Business Challenges Posed by NSA Surveillance Revelations
Recent revelations about the National Security Agency’s (NSA) surveillance efforts have clearly changed the privacy landscape for the remainder of 2013, if not much longer. This is a complex policy issue with very broad implications. Importantly for SIIA members, it is one that poses the following serious business challenges: (1) enhanced privacy concerns among customers around the world, (2) policymakers around the world seeking to restrict the cross-border flow of data and enact technology localization requirements, and (3) conflation of private sector data collection with government surveillance as an inseparable public-private partnership that necessitates strict new commercial privacy legislation or regulations.

SIIA has been very engaged in policy debates surrounding this issue for several months, and we expect to remain highly engaged to combat these challenges for months to come. SIIA President Ken Wash attended a meeting at the White House in early August, which was one of several consultations leading up to the President’s call for reforms to NSA programs

GAO Issues Long-Awaited Patent Litigation Report
In late August, The GAO issued its long awaited report on patent abuse litigation. The report examines (1) the volume and characteristics of recent patent litigation activity; (2) views of stakeholders knowledgeable in patent litigation on key factors that have contributed to recent patent litigation; (3) what developments in the judicial system may affect patent litigation; and (4) what actions, if any, PTO has recently taken that may affect patent litigation in the future.

The GAO report documents the existence of a large and growing problem and looks favorably on a number of possible improvements to the patent system such as improved patent quality and limitations on patent litigation discovery. The report identifies numerous concerns with the patent litigation system including but not limited to, the high-cost of patent litigation, the potential for large patent damage awards, poor quality of certain types of patents and recent increases in the amount of patent litigation. While the report notes that various efforts by the courts and the U.S. Patent and Trademark Office have been implemented to try and address these issues it also notes that these concerns still exist. In the report, the GAO also recommended that the PTO consider examining trends in patent infringement litigation and consider linking this information to internal patent examination data to improve patent quality and examination.

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.

On July 31st, the U.S. Department of Commerce’s (DOC) Internet Policy Task Force (IPTF) published a green paper, titled “Copyright Policy, Creativity, and Innovation in the Digital Economy,” that discusses the availability, protection, and enforcement of copyrighted works in the online environment. The purpose of the green paper is to review the development of copyright policy in the face of new technologies, assess the current challenges facing copyright law, and provide a set of recommendations to address some of those challenges. With a few minor exceptions, the green paper does not propose any specific legislative changes or any other specific actions.

However, the Paper does set forth a comprehensive plan for conducting future studies in several areas, including studies relating to: (1) accessing the applicability of the first sale doctrine in the digital environment. (numerous licensing issues are identified in the paper, including the increasing tendency of content owners to “structure the transaction as a license rather than a sale, avoiding application of the first sale doctrine.”); (2) improving the operation of the notice-and-takedown system under the Digital Millennium Copyright Act; (3) applying statutory damages to individual file sharers as opposed to large-scale infringers; and (4) determining the appropriate role for the government, if any, to help improve the online licensing environment, including access to comprehensive public and private databases of rights information.

House Commerce Committee Establishes Privacy Working Group

Just prior to adjourning for August recess, House Commerce, Manufacturing, and Trade Subcommittee Chairman Lee Terry (R-NE) and Ranking Member Jan Schakowsky (D-IL) launched a bipartisan Privacy Working Group to examine online privacy concerns and issues. The established goal of the Group is to “examine the complex issues with a balanced approach that recognizes the need to protect personal information online in a manner that preserves growth and innovation.” While it is unlikely that this Group will push legislation in the limited time remaining this session, it remains to be seen whether any bipartisan consensus emerges following months of information gathering.

Patent Litigation Reform Efforts will Resume After Recess

At the outset of the summer, we anticipated that House Judiciary Committee Chairman Bob Goodlatte (R-VA) would release a revised version of his patent litigation abuse discussion draft prior to the August recess and that the draft might possibly be introduced as a bill just prior to the recess. But like many summer blockbusters, this release date too has been pushed back. While this delay should not be considered a step back in the effort to get legislation passed, it is an indication that Chairman Goodlatte plans to proceed more methodically in an effort to ensure that any legislation in this area strikes the right balance and addresses the patent troll problem in an effective and meaningful way without the need to seek additional legislation in the future.

For the latest key policy developments affecting the software and digital content industries, subscribe to the Digital Policy Roundup Newsletter.

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.

At the last scheduled meeting of the Department of Commerce-led multistakeholder initiative on mobile app transparency, SIIA joined a wide range of groups voting in support of the voluntary Code of Conduct, citing it as a useful model for app providers to develop short privacy statements about an apps data collection and sharing practices. After the meeting, DOC Assistant Secretary Larry Strickling lauded the effort, stating “today a diverse group of stakeholders reached a seminal milestone in the efforts to enhance consumer privacy on mobile devices,” and encouraging all the companies that participated in the discussion to move forward to test the code with their consumers. SIIA will be providing additional information in the coming weeks to educate SIIA members about the Code and how they might want to use this as a model for providing enhanced mobile app transparency.

Cybersecurity Gets a Boost from Bipartisan Senate Legislation

Bipartisan cybersecurity legislation, the Cybersecurity Act of 2013 (S. 1353), introduced recently by Senate Commerce Committee Chairman Jay Rockefeller (D-WV) and Ranking Republican John Thune (R-SD), moved quickly through the Cmte. hearing and markup process, being approved today by a voice vote. SIIA supports the legislation because it would accomplish several objectives for protecting the Nation from cyber threats. Although Congress is heading into August recess next week, this legislation revitalizes hope that Congress could enact consensus cybersecurity legislation this year. Meanwhile, discussions are still ongoing among Congressional leaders regarding legislation to enhance cyber information sharing, another critical objective of SIIA that has yet to see significant bipartisan consensus. Expect cybersecurity to be a major issue through the end of the Congressional session.

SIIA Supports E-Rate Expansion as Proposal Moves Forward

Earlier this month, SIIA praised the Federal Communications Commission for approving a new rulemaking aimed at updating and enhancing the E-Rate. The vote follows President Obama’s “ConnectEd” proposal last month to enhance high-speed broadband connectivity for the nation’s schools and libraries, which calls for leveraging the Program within five years connect 99 percent of America’s students through next-generation broadband (at speeds no less than 100Mbps and with a target of 1Gbps), and high-speed wireless within, their schools and libraries. This is still the early stages of E-Rate expansion, but a critical step. Read more on SIIA’s Digital Discourse Blog.

Postal Reform Moves Forward in House, Preserves Periodical Rate

Last week, the House Committee on Oversight and Government Reform voted to approve the The Postal Reform Act of 2013. 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 periodicals and other classes of mail. SIIA hailed the Cmte. vote and legislation as the right approach to get the USPS back on the path to financial stability and to provide a reliable and sustainable delivery service for mailers. Read more on SIIA’s Digital Discourse Blog.

For the latest key policy developments affecting the software and digital content industries, subscribe to the Digital Policy Roundup Newsletter.

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.

Last week, SIIA filed an Amicus Curiae Brief in support of Thompson Reuters in its appeal to the Treasury Department of the state of Michigan. At issue in the case is whether an information service, accessed online via the Internet, is subject to Michigan use tax. In the brief, SIIA concurs with Thomson Reuters’ assertion that providing an information service online does not constitute delivery of tangible personal property, different from providing a service either via CD-Rom or some other tangible form, and is thus immune to Michigan’s use tax. Read more on SIIA’s Digital Discourse Blog.

White House Supports Industry Effort to Combat Online Piracy

On Monday, U.S. Intellectual Property Enforcement Coordinator Victoria Espinel offered praise for the recently unveiled industry-developed best practices to keep online ads off websites that illegally offer pirated content and counterfeit products. Espinel lauded the effort as a good example of how the public and private sector can work to combat piracy and counterfeiting and highlighted that this effort is an important component of a comprehensive approach to the problems associated with online infringement, including increased law enforcement, educational awareness, and increased cooperation with our trading partners in order to promote innovation, support jobs, increase exports, and maintain our global competitiveness.

New Cybersecurity Legislation Introduced in Senate

Last week, Senate Commerce The Senate Commerce, Science and Transportation Committee Chairman Jay Rockefeller (D-WV) announced cybersecurity legislation to improve cybersecurity research, education and public awareness, while also tasking the National Institute of Standards and Technology (NIST) to develop voluntary cyber standards and best practices for critical infrastructure, as they have been doing at the direction of the President’s Executive Order earlier this year. In addition to circulating the discussion draft, Chairman Rockefeller reiterated that the Committee will consider the legislation prior to the August recess.

Mobile Privacy Code on Hold for Another Week

For those of you sitting on the edge of your seats waiting to learn about the outcome of the last scheduled meeting for the multistakeholder draft code of conduct on mobile privacy, the meeting was postponed until July 25 because of a scheduling conflict for the Administration. This meeting will be a very important one where the code may see a vote for final approval. We’ll keep you posted!

For the latest key policy developments affecting the software and digital content industries, subscribe to the Digital Policy Roundup Newsletter.

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.

As part of its efforts to develop a voluntary framework to improve cybersecurity for the Nation’s critical infrastructure, the National Institute of Standards and Technology (NIST) on July 2nd released a draft outline of the document to invite public review and gather comments. The draft results from the President’s Executive Order issued earlier this year, and is intended to reflect responses to a February 2013 Request for Information, discussions at two workshops and other forms of stakeholder engagement. According to NIST, the framework is designed to help business leaders evaluate how prepared their organizations are to deal with cyber threats and their impacts. The draft proposes a core structure for the framework and includes a user’s guide and an executive overview that describes the purpose, need and application of the framework in business. NIST is currently welcoming comments and holding a Workshop to gather input this week.

U.S.-EU Trade Talks Begin on Heels of EU Resolution on Data Transfer

The first round of negotiations of the Transatlantic Trade and Investment Partnership (TTIP) began in Washington this week, presenting the opportunity for increased economic and job growth for both economies. The discussions are the beginning of what will be a long process, with a target deadline of November 2014. On Wednesday, the Office of the U.S. Trade Representative (USTR) will hold a stakeholder event bringing together 50 presenters from a wide range of interests, including environmentalists and business and agriculture groups, as well as non-governmental organizations. SIIA previously submitted comments in support of TTIP and pledged to help advance the agreement. Last week, the European Parliament passed by a strong majority a resolution calling on the European Commission to conduct a “full review” of an agreement that allows a number of U.S. companies — including those allegedly complicit in the National Security Agency’s PRISM program — to transfer data about EU citizens to the jurisdiction of the United States. While the resolution does not formally affect the TTIP discussions, there is broad speculation about the potential for additional challenges in the wake of new privacy concerns.

Bill Introduced to Exempt USPTO from Sequestration

On June 28th, Rep Honda (D-CA), introduced the “Patents and Trademarks Encourage New Technology (PATENT) Jobs Act” (H.R. 2582). The bill, which is co-sponsored by two other fellow Californians — Reps. Lofgren and Eshoo (D-Calif.) — would exempt the U.S. Patent and Trademark Office (USPTO) from about $150 million in budget cuts from sequestration. Because the USPTO is funded entirely by user fees its spending is different from spending by other government agencies. SIIA voiced its concerns about the effect of sequestration on the USPTO. The bill provides that states that “the budgetary resources sequestered under [the President's March sequester] order with respect to the United States Patent and Trademark Office shall be available for obligation for the same purpose and in the same manner as if such order had not been issued.” The bill would also add the USPTO to the list of government programs exempt from sequestration from 2014 to 2021.

For the latest key policy developments affecting the software and digital content industries, subscribe to the Digital Policy Roundup Newsletter.

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.

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.

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.

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.