Media Library - 2023-06-29T164051.115

SIIA’s statement in response to the FTC’s announcement of the proposed settlement with Edmodo, LLC

The proposed settlement with the no-longer-in-business Edmodo suggests the expectations this Commission has for ed tech companies operating in schools goes beyond existing guidance. Newly defined requirements for companies in the order will have compliance shops working to adjust their consent process for schools and schools dealing with new obligations under an unfunded mandate coming from a court. We look forward to working with the Commission as they continue to focus on these issues in the COPPA rule review that began  in 2019.

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SIIA Letter on SF 2744, the Minnesota Age-Appropriate Design Code Act

SIIA writes about the current language in SF 2744, the Minnesota Age-Appropriate Design Code Act. We appreciate the intent of sponsors to enact policies that protect Minnesotans, especially children and teenagers but are concerned how the bill may impact Minnesota schools and, more broadly, the rights of minors in the state. We are hopeful that policymakers will continue to work to refine language either before the end of this session or before the next legislative session, so all rights of Minnesota children are protected. We are hopeful that a bill can be passed with the support of all stakeholders.

While there are similarities in requirements between the law protecting student privacy and the proposed Minnesota Age-Appropriate Design Code Act, the slight differences in requirements may cause confusion for compliance teams requiring them to pick and choose the legal framework that isn’t designed for the school setting. SIIA’s membership is dedicated to providing tools that protect the privacy and safety of all Minnesotans.

Accessing educational information, along with things like news and entertainment, is a right established by Article 13 in the United Nations Convention on the Rights of the Child. As the Convention states, a child “shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.”

We are concerned that certain provisions in this legislation, as currently written, may unnecessarily prevent access to critical information and harm the well-being of Minnesota’s children. Requirements to choose the well-being as defined by the bill versus other interests such as the right to access information may lead to businesses taking steps to mitigate legal risk and aggressively block online content no matter the newsworthiness, appropriateness, or educational value of the information.

In a worst-case scenario, Minnesota’s children may fall behind other children in the country if they are left without access to factual information online to develop critical skills and knowledge to become fully engaged citizens after they turn 18. Skills for adulthood and the workforce require access to the internet and, while this bill attempts to foster the growth of an internet that does that, it unfortunately misses the mark.

Read Full Letter Here
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SIIA Letter on Minnesota Age-Appropriate Design Code Act

Software & Information Industry Association (SIIA) writes today about the language in the Senate Commerce Finance omnibus bill establishing the Minnesota Age-Appropriate Design Code Act. We appreciate the intent of sponsors to enact policies that protect Minnesotans, especially children and teenagers but are concerned how the bill may impact Minnesota schools and, more broadly, the rights of minors in the state. We are hopeful that policymakers will continue to work to refine language, so all rights of Minnesota children are protected.

We acknowledge and support the broad agreement by state and federal lawmakers about the need to protect children’s privacy and safety. We agree that establishing legal guardrails for businesses is important work. We caution, however, that without a careful approach to balance all the rights afforded to Minnesotans some will be left behind.

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SIIA Letter on Maryland HB 901

I write today about HB 901. We appreciate the intent of sponsors to enact policies that protect Marylanders, especially children and teenagers but are concerned how the bill may impact Maryland schools and, more broadly, the rights of minors in the state. We are hopeful that policymakers will continue to work to refine language so all rights of Maryland children are protected.

Accessing educational information, along with things like news and entertainment, is a right established by Article 13 in the United Nations Convention on the Rights of the Child which is referenced in the preamble to HB 901. As the Convention states, a child “shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.”

We are concerned that certain provisions in this legislation, as currently written, may unnecessarily prevent access to critical information and harm the well-being of Maryland’s children. Requirements to choose the well-being as defined by the bill versus other interests such as the right to access information may lead to businesses taking steps to mitigate legal risk and aggressively block online content no matter the newsworthiness, appropriateness, or educational value of the information.

In a worst-case scenario, Maryland’s children may fall behind other children in the country if they are left without access to factual information online to develop critical skills and knowledge to become fully engaged citizens after they turn 18. Skills for adulthood and the workforce require access to the internet and, while this bill attempts to foster the growth of an internet that does that, it unfortunately misses the mark.

Read full letter here
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SIIA Letter on Texas HB 18

Texas was among the first in a wave of states to pass important legislation protecting student data privacy in 2017 which, among other things, bans the use of student data for targeted advertising and bans the sale of student data. Education technology tools used in schools and within the bounds of the existent student privacy laws often include things like parent messaging tools and email platforms, which are critical for timely communications between parents, school administrators, and teachers, as well as with students requesting after-school help from teachers, simple reading materials, and the required formative and summative assessments. This bill does not consider the current framework of strong laws in Texas protecting both student privacy and cybersecurity that may conflict with this proposed legislation. If passed without proper considerations, compliance with all may become impossible, leading to confusion for schools trying to uphold their obligations to protect student privacy. We believe changes need to be made to align with the laws already in place. We urge policymakers to refine language reflecting that data covered by Texas’s student privacy and certain cybersecurity laws to be exempt from this legislation.

We are grateful for your efforts to help parents, teachers, school administrators, and all Texas play a role in protecting kids. We urge lawmakers to work on bipartisan language that takes a risk-based, proportional approach, allowing for important protections for all Texans. Thank you for your time.

Read the full letter here