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Coalition Raises Concerns: No Section 230 Immunity for AI Act Threatens Free Speech and Innovation

SIIA and major organizations address Majority Leader Schumer and Minority Leader McConnell to express concerns about the “No Section 230 Immunity for AI Act” (S. 1993). The bill threatens freedom of expression, content moderation, and innovation. Section 230 protects online services from liability for user-generated content, but S. 1993 would eliminate this protection for content generated by AI tools. While we contends that the bill’s broad language could lead to unintended consequences, precluding a necessary policy debate and potentially enabling censorship.

We highlights potential issues such as vexatious litigation, misallocation of liability, and the adverse impact on content moderation tools. The bill could discourage the development and use of AI-based content moderation tools, leading to increased costs and biased moderation decisions. We express concerns about the bill’s potential to disincentive the use of generative AI tools, which play a crucial role in creating online content.

We urges Congress to adopt a more thoughtful and nuanced approach to regulate generative artificial intelligence, emphasizing the importance of considering the complexities involved in a manner that does not undermine free speech, user safety, and American competitiveness in the AI marketplace.

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SIIA’s Response to OMB’s AI Governance and Innovation Request

SIIA appreciates the opportunity to provide input on OMB’s Draft AI Memo, aligning with the AI Executive Order’s goals. Emphasizing the synergy between innovation and governance, SIIA supports tailored measures for high-risk AI systems. The association, a proponent of proactive AI policy, underscores the importance of responsible adoption, as seen in its education technology principles.

Acknowledging OMB’s focus on practical solutions, SIIA highlights its members’ leadership in AI accountability and governance. The association applauds OMB’s efforts to remove AI adoption barriers, emphasizing the shared goal of fostering responsible innovation. SIIA a provides recommendations to focus government resources while mitigating potential harm

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SIIA Expresses Support for NetChoice, LLC in Supreme Court Cases

The evolution of content moderation processes from human review to algorithmic implementation is traced, with the argument that algorithms are akin to modern editors, making decisions about content distribution and display. SIIA states, in their AMICI CURIAE, that laws restricting a website’s ability to moderate content, regardless of the method employed, implicate the platform’s First Amendment rights.

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NetChoice, LLC v. Paxton

Issue: Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about whether, and how, to publish and disseminate speech — or otherwise burdening those editorial choices through onerous operational and disclosure requirements

Moody v. NetChoice, LLC

Issues: (1) Whether the laws’ content-moderation restrictions comply with the First Amendment; and (2) whether the laws’ individualized-explanation requirements comply with the First Amendment.

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SIIA’s Feedback Submission to Senate HELP’s Reauthorization of ESRA

SIIA’s Feedback Submission to Senate HELP’s Reauthorization of ESRA On Wednesday, December 6th, SIIA submitted feedback to Senate HELP regarding the Education Sciences Reform Act (ESRA), reauthorized as the Advancing Research in Education Act (AREA).  The bill is scheduled for markup next week.  In the comments, SIIA specifically recommended the following changes to the bill:
  1. Change AREA’s definition of “evidence-based” to the same definition as used in the Every Student Succeeds Act (ESSA).
  2. We suggested the bill add another type of qualification of “appointed member” to the National Board for Education Sciences, believing that it is important for the board to have direct expertise in the field of education technology.
  3. For the priorities of the Director of the Institute of Education Sciences, we asked for the bill to clarify that the federal government will not be developing educational tools or curricula for use in the classroom.
We will provide more information after the markup is complete.
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Coalition Urges Extension of Visa Interview Waivers

SIIA joins a coalition of diverse institutions urging the Department of State (DOS) and the Department of Homeland Security (DHS) to extend interview waiver authorities, set to expire on December 31, 2023. These authorities streamline the visa process for low-risk nonimmigrant applicants, reducing wait times and benefiting businesses and families. The coalition emphasizes the potential threat to progress made in visa processing efficiency and security, estimating a $7 billion loss in 2023 due to visa wait times. They stress the importance of extending these authorities to prevent a surge in mandatory in-person interviews in 2024,