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SIIA’s Stance on AI and Copyright: Docket No. 2023-6 Insights

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In response to Docket No. 2023-6 on Artificial Intelligence & Copyright, SIIA emphasizes the positive impact of AI on data management but insists on adherence to existing copyright laws. SIIA advocates for a collaborative approach between content owners and AI developers, encouraging licensing agreements. We opposes stringent regulatory measures, urging caution against impeding AI’s transformative potential. Addressing specific questions on fair use, licensing, consent, transparency, and authorship, SIIA emphasizes a case-by-case evaluation and opposes additional labeling requirements for AI-generated material. The association supports existing legal interpretations and emphasizes the evolving nature of AI.
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Concerns Over USTR’s Decision on Digital Trade Disciplines

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SIIA has join multiple industry leaders to  express deep concern and disappointment over the Office of the United States Trade Representative’s (USTR) withdrawal of support for proposed World Trade Organization (WTO) disciplines. These disciplines protect cross-border data flows, prevent data localization mandates, prohibit discrimination against American-made digital products, and safeguard sensitive source code from forced disclosure mandates. These disciplines are crucial for U.S. innovation, economic growth, and addressing global challenges. The U.S. has a history of leadership in the digital economy, benefiting farmers, startups, underserved communities, and digital services exports. USTR’s reversal on these issues threatens U.S. competitiveness and legitimizes digital protectionism worldwide, potentially harming American companies and workers. We call on the Administration to reverse this decision and return to its role as a global leader in shaping rules that benefit American workers and align with U.S. priorities and values.
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Protecting American Innovation: Why the PREVAIL Act Raises Concerns Among Leading Industries

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SIIA has join multiple industry leaders to expressed concern about the PREVAIL Act. This legislation could hinder their ability to challenge invalid patents, which they believe is crucial for maintaining a fair and competitive business environment. The coalition argue that the current patent system often grants invalid patents, leading to unnecessary litigation and job losses. We highlight the value of the Patent Trial and Appeal Board (PTAB) in reviewing patent validity and its superiority over initial patent examination. The PREVAIL Act, would impose restrictive rules, immunize abusive demand letters, and ultimately harm American manufacturing and consumers. The coalition call for the protection and strengthening of PTAB review, preserving the compromise achieved through the Leahy-Smith America Invents Act. We urge the Committee not to proceed with the PREVAIL Act.
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SIIA’s Recommendations to NIST on NSSCET

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SIIA expresses support for the United States Government National Standards Strategy for Critical and Emerging Technology (NSSCET). In a letter to the National Institute of Standards and Technology (NIST), SIIA emphasizes the importance of U.S. leadership in international standard-setting bodies. We suggests ways to enhance private sector involvement, especially for small and medium-sized enterprises (SMEs) and startups. Recommendations include creating grant programs, improving communication channels, and fostering early collaboration. SIIA also highlights challenges faced by SMEs in participating meaningfully in international standards activities and urges the government to address resource limitations.
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FTC’s Public Relations Strategy in Amazon Lawsuit Raises Concerns About Fair Trial

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Written by Chris Mohr

Five weeks ago, the Federal Trade Commission (FTC) filed a lawsuit against Amazon, accusing the company of anti-competitive conduct. In past times,  the government tried its case in the courts. Yesterday,  the FTC released an unredacted version of the complaint and its spokesperson elected to riff on its contents. 

There are really sound public policy reasons for the government to not engage in this kind of activity.  The first is that people generally are more apt to believe government spokespeople. In addition, those spokespeople are immune from defamation liability for statements made within the scope of their employment. Finally, it is worth pointing out that the Department of Justice has a media policy that specifically prohibits its employees from engaging in this type of extra-judicial commentary in ongoing matters. 

For example, the FTC devotes a substantial amount of its comments on an atmospheric issue–lawful advertising on the Amazon Marketplace–that it does not charge as an illegal practice. Reading that, you’d think what Amazon is doing is illegal, but it isn’t. 

One of the wrongs that it does charge involves Amazon’s alleged control over retail delivery, claiming that businesses enrolled in Amazon’s “Seller Fulfilled Prime” (SFP) met their self-selected delivery targets 95 percent of the time. It is not surprising that these businesses met their own self-selected criteria most of the time. What’s missing is any credible allegation that those sellers were able to satisfy the two-day delivery promise that Amazon determined its customers wanted. If that evidence existed, they would have said so.

Your ordinary Twitter (sorry, X) reader will not pick up on that nuance, and the FTC knows this: they prosecute people for misleading statements all the time. It’s one thing for the Commission to put its thumb on the scale in the context of rulemaking. It’s quite another (and far more serious) for the government to put its thumb on the scale through public relations efforts in an enforcement proceeding.  Taken together, these kinds of actions begin to paint a picture of a Commission that is headed off the rails.