Media Library (55)

SIIA and State Privacy and Security Coalition’s Letter of Opposition on AB 1546

by Policy

The State Privacy and Security Coalition Inc. must respectfully OPPOSE AB 1546 (Gabriel), as introduced February 17, 2023, which would significantly extend the statute of limitations that applies to civil enforcement actions brought by the Attorney General (AG) against businesses that violate the California Consumer Privacy Act (CCPA). Statutes of limitations play a critical role in our legal system by barring actions after a date certain. Currently, the CCPA requires the California Privacy Protection Agency to commence any administrative enforcement action no more than five years after the alleged violation occurred. This bill seeks to provide parity by also authorizing the AG to bring an action to enforce the CCPA within five years after the cause of action accrued. Simply put, parity is not a sufficient reason to drastically extend the applicable limitations period for the AG to commence civil CCPA enforcement actions. We are unaware of any examples of timebarred claims that the AG has been unable to pursue under existing law; to the contrary, we believe the AG has been able to vigorously enforce the CCPA. It is especially concerning to extend the limitation period here, when businesses have not been afforded the necessary tools (i.e., implementing regulations) and opportunity to successfully come into full compliance with this complex, and often vague, law. We urge you to reconsider the timing of, and need for, this proposal and strongly believe that there is potential to achieve greater consumer benefits by dedicating limited resources toward overseeing the prompt adoption of regulations and giving businesses adequate time to come into full compliance before pursuing actions against them.

In sum, because we are concerned that this change is (1) unwarranted and unfair, (2) contravenes established legal principles around the function of shorter limitations periods, (3) not in the interest of justice and due process rights of businesses (4) incentivizes the AG to wait until violations have accrued significantly before bringing a claim, and (5) exacerbates the compliance challenges that businesses face in an already unstable privacy law landscape, as they continue to await necessary regulations without the ability to at least seek guidance from the AG in the interim, we respectfully must OPPOSE AB 1546 (Gabriel).

Read Full Letter Here
Media Library (54)

SIIA and State Privacy and Security Coalition’s Letter of Opposition on AB 331

by Policy

The State Privacy and Security Coalition Inc strongly but respectfully OPPOSE AB 331 (Bauer-Kahan) as amended March 30, 2023, relating to the development and deployment of automated decision tools (ADTs). We agree that it is not only laudable, but critical to reduce bias and discrimination in consequential decisions impacting people. At the same time, we believe these issues exist whether the decision is human-made from start to finish, or a biproduct of using or incorporating new technologies in the decision-making process. We believe it is critical that any regulatory efforts proceed with precision, particularly as technology is still developing and has the potential to reduce, if not one day eliminate, such undesirable outcomes. There are many other beneficial uses of this technology that should not be overlooked. Just to name a few: they can automate repetitive tasks (such as entering data in two places at once), minimize errors by comparing current work to past work, enable quick approvals and access to credit that would otherwise take weeks, and protect consumers against fraudsters by assisting in the identification of uncharacteristic account activity.

Ultimately, overregulation in this space can easily undermine many beneficial uses of ADT—including the ability develop and deploy these tools in a manner that can in fact reduce the instances and effects of human bias. To that end, we urge greater clarity, precision, and narrowing of the bill to avoid unintended consequences but, for all the aforementioned reasons, must OPPOSE AB 331 (Bauer-Kahan) in its current form.

Read Full Letter Here
Media Library (52)

SIIA’s Statement of Opposition to Florida SB 262

by Policy

The Software & Information Industry Association (SIIA) writes in regard to SB 262 which is up for a hearing in the Senate Committee on Commerce and Tourism today. We are appreciative of your dedication to protecting the privacy of Florida consumers. While we are encouraged by the ongoing efforts to establish guardrails for businesses in Florida, we are concerned that this bill misses the mark and will have a negative impact on Florida residents and businesses.

At a minimum, we urge Florida policymakers to amend the bill’s extremely broad opt-out provisions related to “sales” and “sharing” to align with the approach taken in the Virginia, Colorado, Utah, and Iowa privacy laws. All of those laws provide consumers with the right to opt-out of “sales” and “targeted advertising,” and define those terms in a way that captures practices that may raise privacy concerns for some consumers (e.g., sales of data to data brokers, use of data from multiple websites to target ads), but excludes important uses of non-sensitive data, such as contextual advertising and ad measurement.

Full Letter Here
Media Library (53)

SIIA’s Statement of Opposition to Hawaii HB 1412

by Policy

The Software & Information Industry Association (SIIA) respectfully submits the following statement in opposition to HB 1412.

The legislation imposes price and use controls on licenses of copyrighted works to any educational institution or publicly accessible library in Hawaii, requiring out-of-state copyright owners to impose “reasonable” terms on the use of electronic works.

Enactment of this legislation is ill-advised for both legal and policy reasons. From a legal perspective, the law is unenforceable. The federal copyright laws give the copyright owner a series of exclusive rights—among them, the rights to make and distribute copies. See 17 U.S.C. 106. In enacting it, Congress expressly intended to create a uniform series of rules governing the licensing of copyrighted works.

From a policy perspective, the legislation also will not work. Our members compete in a vibrant, competitive, and adaptive market for their intellectual property. During the pandemic, our members have bent over backwards to be sure that schools have had access to the instructional tools that they needed to keep their virtual and literal doors open. In other cases, these agreements can be handled via form contracts as the content is sold nationwide as a service. Rather than allow these agreements to form to particular needs, the legislation forces the inclusion of terms that neither the publisher nor the institution needs or wants. The result will be higher prices for Hawaiian consumers.

Full Letter Here
Travis Wolfe Individual Contribution

‘I Wanted to Be That Safety Net’; GovExec’s Wolfe Takes PRIDE in Creating ERG and Supporting New Ones

by IMPACT AwardsMedia

Included in GovExec’s goals is to create a “culture of inclusion and to raise the bar on diversity and equity,” Travis Wolfe, director, event operations & business development, and a 2022 SIIA IMPACT Award winner, told me recently. (He’s pictured right among the winners.) “When I first joined, we were much smaller, and…  I think we had one ERG, our African American Resource Group, and maybe a Women’s Resource Group.” Wolfe went on to start PRIDE, other ERGs followed, and the rest is history.

At that time, when Wolfe joined GovExec, there was no playbook on how to start an ERG. There is now, thanks to him.

“I took the initiative, met with a few leaders to hear how they got their ERGs up and running, and then went from there,” he recalled. Wolfe approached the GovExec HR team and proposed PRIDE—the chosen name for the LGBTQ+ ERG he was building. After gaining HR’s support, he got the IT department to establish email handles, and the group began to grow organically through one-on-one conversations.

He announced PRIDE in a live town hall and now regularly meets with group members, in addition to the company’s Equity Team and DEI Council. “I wanted to be that safety net for other folks in the company,” he said. “I didn’t have a particularly easy experience [at my old job], and I want to protect others from going through some of the same trials and tribulations.”

In the realm of workplace safety, proactive measures are indispensable to mitigate potential risks and hazards. Just as the company champions inclusivity, it also recognizes the importance of vigilance in safeguarding against unforeseen emergencies. Embracing a proactive approach to safety, partnerships with entities like the Oklahoma Fire Watch Company offer invaluable resources and expertise in identifying and addressing fire hazards. Through collaborative efforts and a shared commitment to employee well-being, the company reinforces its dedication to not only fostering a diverse and inclusive workplace culture but also ensuring a safe and secure environment for all. In the journey towards equity and safety, every initiative, whether promoting inclusivity or mitigating risks, plays a vital role in shaping a workplace where every individual can thrive.

For his efforts, Wolfe was named a winner of a 2022 SIIA IMPACT Award for Individual Contribution.

“I think we’re up to like 6 or 7 ERGs now, and it’s constantly growing,” he said. “We’ve even taken it a step further with the Equity Council.”

Oh, one other thing: One of GovExec’s marquis editorial brands, Defense One, holds an annual series of events called “State of Defense” where they interview some of the nation’s top military officials. Heading the content side, Wolfe secured a speaking commitment from all five service chiefs—the top enlisted officials for the Air Force, Army, Navy, Marines, and Space Force—and interviewed them at the Pentagon.

Here are some excerpts from our Q&A:

AMPLIFY: Initially, did you have to make a business case for PRIDE or just talk about how it’s the right thing to do?
 Travis Wolfe: This is a big part of our company values [so] there was a real big push from the C suite to get diversity and inclusion at the top of everyone’s mind. Once it was pitched, they saw in our town hall there was definitely an appetite for it. Then it was, “Let’s see how we can get this done.” [So it became a] let’s build the plan as we fly it kind of thing, and that’s what we did. Since then, we have budgets allocated for each of the ERGs now, so they’re able to bring in programming, start developing resources for their members, and get higher bar speakers.

As you said, other groups are a little more obvious to identify. What kind of outreach did you do?
TW: When it comes to sexual orientation, it’s a little bit of a toss-up… It was a lot more of self-identification, which is hard. You’re trying to develop a safe space where [everyone] could participate in and have access to those resources, but not be known by their fellows… It was definitely a balance that I was dancing around a little bit, and honestly, just trying to get numbers. There’s always going to be those few hands that go up immediately that are, “Yes, let’s go. Let’s get this job done.” But you definitely plateau at some point. So being in the digital space is very hard to come up with creative and safe ways for us all to come together.

But you did it. And I read that PRIDE now acts as a sounding board for leadership, meets with the other ERGs and advocates for more diverse speakers.
TW: Yes. I’ve been at multiple media organizations in the D.C. area, and when it came to equity and inclusion, it wasn’t [there]. When I joined [it was during] African American History Month… and I saw all these emails come through, and I’m like, “Wow, that’s awesome, they have a community; they’re talking amongst themselves.” I had never had that. That is honestly so smart to learn from others in your space. So I saw what holes were missing—and then started Pride [thinking] if I have these questions, others do as well.

And now that other ERGs have started must make you proud.
TW: It’s awesome, and it’s cool to see that—before it was just a vision. I’ve created a guidebook to walk people through [the process]… Every time I look, it’s growing. I’ve stepped back a little bit in my new role, and even now I still see it growing. Across the GovExec space it’s being included in our onboarding and with our new acquisitions. So [new employees] are not learning about it after the fact, which is something that we struggled with in the past, and it’s great to see how it’s come to fruition today.

Let’s talk about your new role.
TW: Previously I was associate director of our Content Arm, where I led and oversaw the content side of our events—for all our federal and defense focus events which is a couple of 100 programs a year. I left for a short period, came back here in the beginning of February and stepped into a new role. I am the director of business development and operations on the event side of the house. I still manage the content piece. But this time for our more client specific programming vs. our editorial content. And I program manage and lead content on a lot of our larger user conference, client-focused programming. These [may attract] 350-plus people. As we grow out the team, I will sit more on the live events side of the house.

And tell me about interviewing all five service chiefs!
TW: I just love content. I will talk your ear off about public sector any day of the week. A lot of our defense programming [people] had left, and I stepped into that role and led both our federal and defense programming. One of our big programs is our state of defense. Each week [during that period] we look at a new service branch… So I went to the Pentagon many times, met all of them in person… They’ll shake your hand. They’ll talk to you about anything if cameras aren’t rolling. It’s honestly a very cool moment to see. And their taking 30 minutes out of their day to have a conversation with me was very humbling.

Are you going into the office much?
TW: We are fully remote, and I think we’re going to be that way for the foreseeable future. We do have an office space in D.C. And a few teams do go into it… But my second bedroom is now my office, and I’ve come to love it dearly. I didn’t realize until after we stopped [commuting] how much more I get done. I can never go back to it.

Anything else?
TW: Just that DEI has gotten so much bigger these past couple years, and it’s definitely still a growing space. So any colleagues and mentors that I can find in it is definitely super helpful. We love sharing.

Thank you and again, congratulations!