What’s the status?  Congress has failed to enact any of the 12 annual appropriations bills for FY 2014 and the current fiscal year funding is set to expire at midnight on October 1, meaning funding for the entire federal government is at stake.  On September 20, 2013 the Republican-controlled House of Representatives passed a continuing resolution (CR) to fund the government through December 15.  Also included in this legislation was language defunding the so-called Obamacare health care plan.  The Democrat-controlled Senate is expected to strip the language defunding Obamacare and send the bill back to the House.  This sets up a potential gridlock situation and it is unclear if either side is willing to budge.

Why does this matter?  As a government contractor you need to be prepared in the event of a shutdown, since funding for many if not all of your current contracts may be affected.  Your employees are reading the news and they know the potential and they want to know their leadership is making contingency plans.

What should you do?  OMB has sent a memo to government agencies telling them to prepare for a shutdown and prudent business planning suggests you need to be ready too.  Here’s a quick checklist of things you should be doing and thinking about related to a potential shutdown:

1. Be Proactive:  Don’t sit back and let the rumors swirl, take charge of the situation within your company.
2. Communicate:  Communicate honestly, early and often with your employees about what you know and what you expect will happen if the government shuts down.  Make sure your company speaks with “one voice.” This will keep misinformation (i.e. rumors of furloughs and layoffs) to a minimum.
3. Understand Your Contracts:  Review your current contracts to understand which will be affected in the event of a shutdown and which will continue.  Projects funded by revolving funds for example won’t be affected.
4. Gather Intelligence:  Gather as much intelligence as possible by talking to industry partners and trade associations and having your engagement managers talk to their contracting officers and COTRs, i.e. the client.
5. Set Up a War Room:  Set up a formal process inside your company to monitor developments related to the potential shutdown, a “war room” if you will.  Be ready to kick it into high gear if a shutdown occurs.

Let’s all keep our fingers crossed and hope that Congress and the President are able to work out an agreement that keeps the government open and operating beyond October 1, while preparing yourselves for a potential shutdown through effective communication with your employees and smart business planning. Contact me at mhettinger@siia.net or (202) 789-4456 with any questions.

Michael Hettinger is VP for the Public Sector Innovation Group (PSIG) at SIIA. Follow his PSIG tweets at @SIIAPSIG. Sign up for the Public Sector Innovation Roundup email newsletter for weekly updates.

Federal IT acquisition reform is long overdue, and we appreciate the work of Chairman Issa, Rep. Connolly and their respective staffs to recognize the critical need for reform move it forward. FITARA puts in place needed changes in IT acquisition, including increasing the authority of federal CIOs, promoting data center optimization, and recognizing the importance of a highly trained IT acquisition workforce.

SIIA has worked closely with Chairman Issa and other members of the Committee to revise the legislation since its March mark-up, while the Committee has moved forward with many of the changes, including those that preserve the important role of Value Added Resellers (VAR) in the federal market, the organization  remains concerned about the net effect of the changes to the language around the use of open source software and the language that would alter the application of FISMA by, in essence, codifying the FedRAMP program.

While SIIA is pleased to see FITARA move forward and remains supportive of its overall objectives, we still have concerns with a number of specific provisions. We have expressed our concerns to the committee and look forward to continuing to work with Chairman Issa and interested members in the U.S. Senate to resolve these lingering issues, and ensure that the bill has the intended positive impact on the federal IT marketplace.

Michael Hettinger is VP for the Public Sector Innovation Group (PSIG) at SIIA. Follow his PSIG tweets at @SIIAPSIG. Sign up for the Public Sector Innovation Roundup email newsletter for weekly updates.

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.

Chairman Issa and his staff have clearly recognized that, more than 16 years after Clinger Cohen became law, federal IT acquisition reform is long overdue. We’ve been working closely with the Chairman and the Committee, and believe that the marked-up version of the legislation is much improved and headed in the right direction.

SIIA remains supportive of the legislation’s objectives, but we continue to have concerns with several specific provisions and the impact they will have on federal IT marketplace. Following today’s mark-up, we will continue to work with Chairman Issa and the committee in order to make improvements in four key areas. We remain very hopeful that, with careful consideration and deliberation, Congress will develop an effective solution to this important concern.

SIIA is seeking changes to the legislation in a number of areas, including:

* Removal of the provision that would create a standardized approach to security assessments for cloud products and services. This provision would essentially establish the FedRAMP process in statute and could conflict with FISMA requirements, creating confusion for cloud companies seeking to do business with the federal government.
* Revising the software licensing provisions, which currently fail to recognize the value of resellers, the varying types of user licenses, and the overall scope of software licensing in the federal government. The current provisions could potentially create additional barriers to entry for small and minority businesses.
* Revising the provision asking agencies to justify not using the Federal Strategic Sourcing Initiative (FSSI) for any purchase of services and supplies offered under FSSI. The current provision appears to give an unfair preference for FSSI, and the vast majority of IT products and services purchased by the federal government are too complex to be effectively purchased using FSSI.
* Updating the section on website transparency to make open data the default for government and to embrace the use of open application program interfaces (APIs).

Read SIIA’s full comments.

Michael Hettinger is VP for the Public Sector Innovation Group (PSIG) at SIIA. Follow his PSIG tweets at @SIIAPSIG. Sign up for the Public Sector Innovation Roundup email newsletter for weekly updates.

We have seen tremendous technological advances in communications and computing technology since 1986, when ECPA was enacted. The legal framework provided by this outdated statue leaves both providers and users of remote computing with a complex and baffling set of rules. These rules are both difficult to explain and to apply in this age of networked and cloud computing.

SIIA urges members of the Judiciary Committee to work with all deliberate speed to enact legislation creating a warrant requirement for law enforcement access to remotely stored electronic content.  It is critical to level the playing field for information Americans store in the cloud, ensuring that it receives the same protection as the information they store in their homes.

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

As we work with the Administration on implementation, a priority for our industry will be to avoid rigid regulations that impede the innovation that is essential for effective cybersecurity.

A regulatory approach seeking to cover a broad, rapidly-evolving cross-section of industry would have the unintended consequence of slowing technological innovation and limiting our collective cybersecurity preparedness. Therefore, it is essential that the Administration work with industry to implement the Executive Order in a way that retains necessary flexibility. Technological innovation must be allowed keep up with rapid developments pertaining to both cybersecurity threats and protections.

To that end, we look forward to continuing to work closely with the Administration and congressional leaders to implement this policy.

Ken Wasch is President of SIIA. Follow the SIIA Policy team on Twitter at @SIIAPolicy.

A key theme unifying the work of SIIA on behalf of its members is an increased focus on advancing the effective collection and positive use of data. It is essential that public policy recognizes 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.

With so much at stake, SIIA is committed to actively promoting the economic and social value of data-driven innovation. Our efforts will involve direct outreach to legislators, along with a White Paper that includes recommendations for policymakers and governments. Our goal is to make certain that public policy helps enable the tremendous societal and economic benefits of data-driven innovation.

With members in both technology and information services, SIIA is uniquely positioned to highlight and address the public policy issues that arise from the increased salience of data-driven innovation. We began to focus more strongly on this issue in 2012, and it will be an even more important part of our work in 2013.

SIIA also announced its general tech policy priorities for 2013, along with policy priorities in the areas of: intellectual property; public sector IT, and; education technology.

Technology Policy Priorities

• Promote and enable the economic and social value of data-driven innovation, including through a White Paper with recommendations for policymakers and governments.
• Actively support voluntary, enforceable codes of conduct to provide enhanced data privacy protections, and oppose legislative and regulatory proposals that lack the flexibility to accommodate rapid technological innovation.
• Promote policies around the world that facilitate cross-border data flows, and develop interoperable legal frameworks that help to advance global implementation of cloud computing.
• Promote critical cybersecurity policies, in the U.S. and around the world, that will help the public and private sectors work together to more effectively mitigate this threat, without stifling innovation.

Intellectual Property Priorities

• Protect the economic interests and creative rights of software and content publishers by responding as appropriate 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 license and control the distribution of their software and content products
• Encourage economic growth and innovation by working for further reform of the patent system to address the ongoing problem of patent trolls, including measures to restrict asymmetric discovery burdens.
• Monitor the ICANN’s domain name expansion process with the goal of enhancing and strengthening online transparency and accountability by working to ensure that domain name and IP address Whois databases remain publicly accessible, accurate, and reliable, 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.
• Ensure that any international treaty relating to copyright exceptions for the blind and visually impaired that may be adopted by WIPO includes adequate safeguards to protect the copyright interests of SIIA’s publishers.

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 a continuation of the effort to move agencies to cloud, consolidate 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 Daryl Issa to reform federal IT acquisition, which will serve as a basis for a broader discussion around the need to improve IT acquisition to keep pace with technology in 2013.

Ed Tech Priorities

• Seek increased investment in education technology and its integration into teaching and learning, including to personalize learning for each student.
• Reform outdated regulations in favor of 21st Century e-learning policies, especially the shift from seat-time to anytime, everywhere competency-based learning.
• Support education technology research and development through government-industry partnership, not government competition with the private sector.
• Support the value of the for-profit sector in providing education products and services to public schools, agencies and institutions.
• Encourage targeted STEM education, training and other workforce development policies to meet the economy’s needs for a skilled high-tech workforce.
• Actively translate public policies, programs and regulations into actionable market intelligence for SIIA members.

Ken Wasch is President of SIIA.

DHS Releases Continuous Monitoring RFQ:  In cybersecurity news, DHS, working through GSA, released a final RFQ this week seeking bids to meet requirements  of the new Continuous Diagnostic and Mitigation program and for continuous monitoring as-a-service.  The BPA includes 15 tools and 11 task areas aimed at improving DHS’s IT security.  The BPA has an estimated value of $6 billion and responses are due January 28, 2013. Federal News Radio has the details.

PSIG Members Featured in 10^th Anniversary of the E-Gov Act Event:  This week marked the 10^th anniversary of the E-Gov Act and SIIA PSIG Members Doug Bourgeois of VMware, Mark Forman of Government Transaction Services and David Mihalchik of Google all were featured prominently in the event marking the anniversary.  Other SIIA members were included as well, including Dan Chenok of IBM and former Congressman Tom Davis, now of Deloitte.  C Span covered the event, which focused on the advances made in government technology since passage of the E-Gov Act.  See the video here.

 Appian Receives FISMA Moderate Certification from GSA:  Appian announced this week that it had received FISMA moderate certification from the General Services Administration for a major business process management application, built on Appian Cloud.  Appian Cloud is built on Amazon Web Services.  See the press release for more information.

Federal News Radio to host live chat with CBP CIO:  Our friends at Federal News Radio are hosting a live chat on January 3^rd at 11am with DHS Customs and Border Protection CIO Charlie Armstrong and are encouraging interested parties to submit questions in advance.  See the link for more details.

Michael Hettinger is VP for the Public Sector Innovation Group (PSIG) at SIIA. Follow his PSIG tweets at @SIIAPSIG.

GSA pulls the plug on Apps.gov: The federal government pulled the plug on Apps.gov this week. The cloud application storefront, which was the brainchild of former Federal CIO, Vivek Kundra, was intended to provide a one-stop-shop for cloud apps for the federal government and make it easier for federal IT personnel to acquire cloud services. The initiative never took off as intended. GSA didn’t give a reason for decommissioning the initiative, but noted that everything that was available through Apps.gov, would still be available through Schedule 70. Information Week has a story.

NextGov Prime highlights procurement reform, big data: NextGov held its first-ever Prime Conference at the Ronald Reagan Building this week. The event included a keynote panel featuring Rep. Darrell Issa (R-CA) chairman of the House Oversight and Government Reform Committee and Rep. Gerry Connelly (D-VA), ranking member of the panel’s Technology Subcommittee, two leaders pushing an update to the 1996 Clinger-Cohen Act. The intent of the legislation, which SIIA has been tracking closely and which is expected to be introduced early in the next Congress, is to improve the speed and efficiency of federal IT purchasing. FCW has the wrap up. The event also had a heavy focus on big data and how data analytics can make the government more effective. FCW covers that angle as well.

Michael Hettinger is VP for the Public Sector Innovation Group (PSIG) at SIIA. Follow his PSIG tweets at @SIIAPSIG.

Last week, the Senate Judiciary Committee passed Chairman Leahy’s (D-VT) ECPA reform legislation (Electronic Communications Privacy Act) with strong bipartisan support. The revised proposal passed with minimal amendments, in what was a huge victory for SIIA members and a wide range of supporters, as it was the first official strong bipartisan showing of support for legislation to level the playing field for access to remotely-stored email and electronic communications. While the next step for the legislation is uncertain in the waning days of the 112th Congress, at minimum it provides an excellent starting point for enacting legislation next year.

Continuing to move forward with targeted privacy proposals, Chairman Leahy has scheduled a markup of the Location Privacy Protection Act of 2011 (S.1223), legislation that would require app providers to seek affirmative “opt-in” consent from consumers before using their location information. This is another proposal that is unlikely to advance this year, but it is likely to draw broad support and put additional pressure on the NTIA-led multistakeholder discussions that have been ongoing since July.

Major Trade Talks Continue with Little Fanfare, Overshadowed by World Telecom Conference

While much of the world is focused on the World Conference on International Telecommunications (WCIT) taking place in Dubai this week, the 15th round of the Trans-Pacific Partnership (TPP) talks launched yesterday, where officials from the 11 countries participating in the negotiations will try to move toward the goal set by some TPP leaders last month of completing the deal by the end of next year. Intellectual property rights are one of the key issues of interest to the technology community during the ongoing trade talks.

Additionally, in the multilateral arena, World Trade Organization members this week will engage on a wide range of topics, including government procurement, the status of the Doha round and the race to select a new WTO chief. Current Director-General Pascal Lamy will step down next September, and Dec. 1 marked the date WTO members could begin formally submitting names for candidates to succeed him.

SIIA Internet Governance Event This Week

Just a reminder, this Thursday, Dec. 6, SIIA is cosponsoring an event with GW University and several other groups to examine how countries use trade policy to advance cross border information flows, and how these trade discussions could impact Internet freedom. SIIA’s Mark MacCarthy will moderate a panel on the challenges associated with IPR, Privacy and Internet Freedom.