FTC urges tweaks to COPPA, Senate still pressing data security and NIST Building Cloud Roadmap

Big news on the privacy front last week, on Thursday the FTC issued its long awaited proposal to revise COPPA (the Children’s Online Privacy Protection Act). The proposed amendments pose some significant challenges, including expanding the type of data covered by COPPA, including geolocation information and other “persistent identifiers” such as cookies for behavioral advertising. The amendments would also revise the means by which companies must notify parents and put in place new security measures to protect kids’ sensitive information. SIIA is reviewing, and comments on the proposed amendments are due Nov. 28th.

Also last week, the Senate Judiciary Committee was unable to advance any of the privacy/data security bills at its markup on Thursday due to a lack of Republican members to constitute a quorum. And the exchange between Chairman Leahy (D-VT) and Ranking Member Grassley (R-IA) revealed considerable concerns from the Republican side of the Committee that the bills present too great a new regulatory burden on businesses. The bills (S. 1151, S. 1408 and S. 1535) are again scheduled for consideration this Thursday. And not to fall behind Judiciary, Commerce Cmte. Chair Rockefeller (D-WV) scheduled–but then quickly postponed–consideration of his rival legislation, the Data security Breach Notification Act (S. 1207).

With cloud computing generating a lot of buzz in Washington recently, a couple very significant developments went little noticed. That is, NIST recently released two more key guidance documents aimed at accelerating the U.S. Government adoption of cloud computing. One is the Draft Reference Architecture, and the other the Draft Standards Roadmap. Both documents are key elements of the broad Cloud Computing Roadmap to be released in early November, seeking to provide key guidance to Federal agencies in their effort to implement the Administration’s Cloud First Policy.

Finally patent reform is officially in the books–the U.S. code, that is. On Friday, President Obama signed and officially enacted the America Invents Act (H.R. 1249, PL 112-29).

SIIA Commends EU for Looking to Maximize Cloud Computing, Urges Caution and Focus on Trans-border Data Flow

On Wednesday, SIIA submitted comments to the European Commission’s (EC) cloud computing consultation, a public inquiry launched in May to develop a European cloud computing strategy that the Commission will present in 2012, which will “aim to clarify the legal conditions for the take-up of cloud computing in Europe, stimulate the development of a competitive European cloud industry and market, and facilitate the roll-out of innovative cloud computing services for citizens and businesses.” This is a laudable objective, and the EU should be commended for several aspects.

First, the EU is on track in recognizing the ability of cloud computing to spur growth by helping businesses, reduce IT costs and level the playing, especially for SMEs. Second, they’re looking to the public sector to utilize cloud computing to provide better services at lower cost. And, they’ve rightly identified the need for open standards and interoperability to spur competition and choice.

However, as part of this initiative the EU is also looking to potentially make significant changes to current laws, and possibly create some new ones. It’s this area where SIIA urges caution. Consistent with the guidance we provided in our recent cloud computing white paper for policymakers, our comments urge caution in this area, with a particular emphasis on maintaining a level playing field for software and IT services, whether offered locally, via traditional externally-hosted services, or by utilizing “cloud computing.”

In our comments, we also highlighted the greatest current barrier to cloud adoption: the considerable challenges posed by issues surrounding transnational data flows, particularly the challenges associated with conflicts of law and jurisdiction within the EU and beyond. This is not an issue that is specific to cloud computing, but it has been exacerbated by it.

While we won’t know for some time which way the EU goes on this one, there was some more good news announced by EU VP Neelie Kroes earlier this week when she announced at Dreamforce 2011, that former United States CIO Vivek Kundra–a strong advocate for government use of cloud computing—will serve as an advisor in helping develop Europe’s cloud computing strategy.

Cloud Computing Promotes Economic Growth and Job Creation

Can cloud computing spur economic growth and job creation? In SIIA’s recent report, Guide to Cloud Computing for Policymakers, we say that the biggest benefit of cloud is “the boost it can give to other economic activity through the provision of more effective and less expensive computing capabilities.” It’s worth emphasizing this point and reviewing some recent economic studies that back it up.

A recent study by Federico Etro finds that cloud computing tends to increase business formation in European economies. Cloud computing reduces the costs of entry into a market by shifting fixed capital expenditures on information technology into operating expenses that depend on the size of a company’s output, spurring the formation of new firms. It’s easier for companies to get started when they can buy the computing services they need rather than invest in expensive large-scale computer hardware and software.

Etro considers the effects of two possible routes for cloud computing’s diffusion in Europe: a slow dispersal that reduces the fixed costs of entry by 1% and a rapid one that reduces these costs by 5%. In either case, the contribution to economic growth is significant. After one year, even a slow diffusion of cloud computing increases annual economic growth by five basis points (0.05%). After five years of rapid diffusion, annual economic growth is four-tenths of one percent (0.4%) higher than it otherwise would be.

A rapid diffusion of cloud computing would create almost 400,000 additional small and medium sized business in Europe after five years, Etro estimates. The bulk of these new firms are concentrated in wholesale and retail trade and real estate and other business activities. It would create a short-term increase of one million jobs in Europe, and reduce the European unemployment rate by one-half of one percent (0.5%). Though it’s true that the efficiencies of cloud computing could reduce the number of people performing IT-related tasks, the overall effect would increase jobs. He estimates that 8 jobs would be created for every job lost.

These are impressive results. But they derive from examining only one benefit of cloud computing – the reduction in capital costs that allow new firms to enter the market. Another European study by the Centre for Economic and Business Research takes into account the economy-wide costs savings and new revenue opportunities made possible by cloud computing in five European countries.

Cloud computing reduces costs for existing firms by reducing their capital expenditures, their labor costs, and their power costs (since they no longer need to service large in-house computers). Cloud computing also allows existing companies to scale to bring products and services to new markets and meet unpredictable short‐term demand peaks. Companies can leverage cloud computing to earn extra revenue that they might otherwise have missed if they had to invest in new computing equipment or software in order to expand output. CEBR takes these effects into account, along with the new business formation effect, and estimates that adoption of cloud computing will generate a cumulative increase in output of 763 billion euro in these countries, and an increase in employment of 2.3 million between 2010 and 2015. By 2015, annual economic benefits are predicted to be in excess of 177 billion euro and the annual increase in jobs expected to be 446,000.

Which sectors stand to gain most from the cloud? A follow-up study by CEBR breaks it down. Distribution, retail & hotels accounts for 233 billion euro of the cumulative economic gain through 2015, and government, education and health will gain the largest number of jobs – 801,000 – over this period. Banking has the second highest economic gain with 183 million euro and manufacturing is the second biggest beneficiary of job gains at 501,000 jobs. So the economic benefits are wide-spread.

These results are no doubt promising, but all studies of the impact of a new technology should be subject to some degree of uncertainty. We can never make perfect predictions of what lies ahead. But these reports suggest that cloud computing can have substantial benefits for economies struggling with issues of growth and unemployment.

The policy implications of these studies need to be made explicit. The message to policy makers is to be alert for policies that can inhibit the growth of cloud computing. As our earlier study noted, dissipating the economic advantages of cloud computing by imposing inefficient localization requirements or limits on cross-border data flows will hurt those who depend on enhanced computer services to flourish and provide jobs. Policy makers seeking to maximize economic gains in hard times should avoid these counterproductive requirements.

For SIIA policy updates including upcoming events, news and analysis, subscribe to SIIA’s weekly policy email newsletter, Digital Policy Roundup.

SIIA releases guide to cloud computing for policy makers

Today, SIIA released an authoritative guide to cloud computing for policymakers. The white paper provides a roadmap for fostering the development of the cloud and harnessing its full economic potential.

Cloud computing doesn’t require legislation or regulation in order to safely and rapidly grow. In fact, cloud-specific regulations could impede the industry from realizing its full potential as a key economic engine. Policymakers should join with industry to foster best practices and see that they are properly enforced.

Cloud computing already provides a favorable environment for applying many security measures, it provides a strong engine for growth across businesses and regions around the world, and it can lead to greater choice and lower prices for consumers. SIIA encourages policymakers to promote open standards for software and data interoperability and embrace a global approach that allows for the unrestricted transfer of data across borders.

In order to reap the full economic benefits of cloud computing, policymakers should:

1. Avoid cloud-specific rules and policies, in favor of policies that apply broadly to a wide range of technologies and services, and those that maintain a level playing field for cloud computing and all approaches to remote computing and data storage.

2. Promote open standards for software and data interoperability and avoid policies that would favor one particular business model or technology over another.

3. Promote policies that allow to the greatest extent possible, unrestricted transfer of data across borders.

4. Encourage rules governing data to travel with the data in order to adequately recognize varying jurisdictional requirements, and ensure data subjects do not lose protection when their data is stored and processed in the cloud, or in any remote computing environment.

5. Avoid localization mandates, or any policies that would give preference to data processors using only local facilities or operating locally.

6. Seek interoperable privacy regimes in which countries recognize each other’s privacy rules to the greatest extent possible.

7. Embrace a global approach to cybersecurity that recognizes the global nature of interconnected systems and provides for data to be protected regardless of where it is located, and that seeks international consensus standards that avoid fragmented, unpredictable national requirements.

View the full report, or get the highlights in the executive summary.

Check out coverage in Post Tech and PC World.

Protect IP Legislation Introduced Against Rogue Sites

Last week, Senate Judiciary Committee Chairman Leahy, ranking member Grassley, and Senator Hatch introduced S. 968, “The Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act” (The PROTECT IP Act).

Similar to last year’s COICA bill, the PROTECT IP Act applies to Internet sites that are “dedicated to infringing activities,” (aka “rogue websites”). The bill allows the Department of Justice (DOJ) or an IP owner to sue the rogue sites. A court order will issue, if the Internet site is found to be “dedicated to infringement,” directed at U.S. consumers and harms U.S. IP owners.

If the action is brought by DOJ, the court order may (with court authority) then be served on ISPs, financial transaction providers, online advertising services, and search engines. In response to the order, ISPs and search engines would be required to take steps to prevent access to the site and financial transaction providers and online advertising services would be required to cease doing business with the site.

An action brought by the IP owner would operate similarly except that the order may only be served on financial transaction providers and advertising services (not to ISPs or search engines). The bill is included on the agenda to be marked up at the Senate Judiciary Committee business meeting this Thursday.

Race-to-the-Top, Prepare for the Marathon

Much recent attention has rightly been paid to the Race-to-the-Top (RttT), but there are a wide range of other policies and programs also driving educational investments and opportunities. 2009 lay some $100+ million in federal  education reform and improvement seeds, while Recovery Act implementation along with new legislation means 2010 is shaping up to be at least as critical  to the long-term growth of that investment and policy.  SIIA’s 2010 Ed Tech Government Forum  will help SIIA members understand the impact of Education Funding & Programs in a (Post) Stimulus World. 

SIIA members are encouraged to register by the February 1 early-bird deadline for the SIIA Forum, taking place March 3-4 in Washington, DC.  The Forum will provide SIIA members with insight on a wide range of K-20 policies and programs impacting the education sector, and do so with an eye toward the role of technology and the role of private partners. 

Speakers and Topics Include:

- CA Secretary of Ed Glen Thomas and US DoED Senior Advisor Hal Plotkin will share their inside perspectives on the their Open Educational Resources (OER) initiatives

- State and local education leaders will discuss the impact and timeline of Common Core Standards on educational publishers and developers

- US DoED’s Jim Shelton will answer all your questions about Investing in Innovation (i3)

- President Obama’s Special Assistant for Education Roberto Rodriguez will outline the Administration’s education agenda and the role of technology and e-learning

- Title I leaders will examine the newest models and opportunities around the $billions being invested in School Improvement through Title I and RttT

- Renowned RtI expert Dr. Russell Gersten will share the best policies, research and practice driving the large investments nationwide in Response-to-Intervention

- Education policy leaders will provide insight into the 2010 education agenda, including the Recovery Act, RttT, ESEA Reauthorization, and the federal education budget

- Keynotes from U.S. Senator Jeanne Shaheen and WV State Superintendent Steven Paine will help you understand the vision and policy prescriptions of national education leaders

Of course, all this insight and analysis will take place against a backdrop of extensive networking opportunities with education leaders from inside the beltway, and from around the country, as well as advocacy opportunities.

With the Obama Administration fundamentally reshaping federal education programs and national education policy, this is a critical year to be in Washington, DC.  More Information.