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SIIA Supports Biden Administration Amicus Brief on Social Media Platforms in Florida and Texas

by Policy

The following statement can be attributed to Chris Mohr, President, Software & Information Industry Association.

The ability for private entities to decide what to publish, and what not to publish, is a fundamental lynchpin of First Amendment freedoms. Florida’s and Texas’ abridgement of these rights warrants immediate Supreme Court review.  SIIA supports the Biden Administration’s filing with the Supreme Court to strike down parts of Florida and Texas laws that would sharply restrict the editorial discretion of social media platforms including SIIA members Meta and Google.

As the government correctly notes, these laws unconstitutionally restrict platforms’ ability to engage in content moderation by restricting their choices about whether and how to present user-generated content to the public, and impermissibly burden constitutionally protected editorial decisions by requiring the creation of an explanation every time a platform makes a decision to remove user content.  The platforms should have the right to decide what content is appropriate and remove content that they believe is harmful to themselves or the public.

Indeed, these laws are so extraordinary and the implications so broad that we believe that the Court should review all the challenged provisions of the law.

 

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SIIA’s Feedback on Proposed Health Breach Notification Rule Revisions

by Policy

The Software & Information Industry Association (SIIA) has submitted feedback on the proposed revisions to the Health Breach Notification Rule (HBNR).

SIIA acknowledges the need for updates to the notification regime to adapt to changing business practices and technological advancements. However, they express concerns about certain proposed changes. The definition of “health care provider” under the HBNR expansion is a key point of contention. The proposed definition covers a wide range of entities, including health apps and technologies beyond traditional health care providers, which SIIA argues deviates from the intended scope and could encompass unrelated businesses, like stores selling wellness products.

Additionally, SIIA raises concerns about the scope of security breach definitions. The proposed broadening of unauthorized access or disclosure criteria without assessing the likelihood of harm could lead to excessive notifications and compliance challenges.

SIIA opposes the inclusion of advertising and analytics providers and platforms under the category of third-party service providers, highlighting impracticalities and uncertainties in enforcing compliance.

Lastly, SIIA cautions against overly prescriptive requirements for consumer authorization and affirmative consent. They advocate for a balance between transparency, user expectations, and the evolution of technology interfaces.

In summary, SIIA’s feedback emphasizes the importance of maintaining a clear, balanced, and practical approach to the HBNR revisions to ensure meaningful protection of consumer information while considering the evolving landscape of information technologies.

Read the Full Letter Here
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Proposed Amendments for Kids’ Online Safety and Privacy Acts: SIIA’s Concerns and Recommendations

by Policy
The Software & Information Industry Association (SIIA) has written to Chair Cantwell and Ranking Member Cruz requesting amendments to the Kids Online Safety Act (KOSA) and Children and Teens’ Online Privacy Protection Act (COPPA 2.0). While supportive of protecting children online, SIIA is concerned that the bills, as currently written, could inadvertently harm children and teens. SIIA represents the software and digital content industry and suggests changes to ensure educational technology used in schools isn’t subject to certain provisions, emphasizes access to critical information, and addresses issues with personalized recommendation systems. They also recommend clarifications on contextual advertising and advocate for a more precise knowledge standard in both bills. SIIA highlights the importance of balancing privacy, safety, and educational opportunities, expressing willingness to collaborate for comprehensive policies that benefit all stakeholders.
Read Full Letter Here
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SIIA Commends Biden-Harris Administration on Cybersecurity Partnership for Schools

by Policy

The following statement can be attributed to Paul Lekas, Senior Vice President, Global Public Policy, Software & Information Industry Association.

SIIA congratulates the Biden-Harris Administration and the education community on their partnership on cybersecurity for the nation’s schools. SIIA is proud to be a part of this effort, as we fully support ensuring a safe and trustworthy environment in the world of cybersecurity in education technology.

Many of our members participated in conversations with the Administration leading up to this event with several including Amazon, Google, and D2L announcing public commitments. The announcements today provide a transformative foundation to secure education’s online infrastructure.  Innovation and government interest in the safety and security of technology and information industries is critical to support student needs, strengthen the U.S. economy, and protect U.S. national security.

We are pleased to support the efforts to get this initiative off the ground and will continue to engage in the work of protecting the privacy and safety of all learners.

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SIIA Calls for Amendments to Online Safety Acts to Safeguard Children’s Education and Privacy

by Policy
The Software & Information Industry Association (SIIA) has requested amendments to the Kids Online Safety Act (KOSA) and the Children and Teens’ Online Privacy Protection Act (COPPA 2.0) to protect children and teenagers online. While they appreciate the bills’ intent, they believe the current language may unintentionally harm these vulnerable groups. SIIA emphasizes their commitment to providing safe and educational online environments. We hope policymakers will refine the language to gain support from all stakeholders. SIIA supports protecting children’s privacy and safety but expresses concern that certain provisions in the legislation may prevent access to critical information. We urge a balanced approach to safeguarding rights while ensuring educational opportunities for children and teens nationwide.
Read Full Letter Here