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SIIA’s Statement on ODNI’s Policy Framework for Commercially Available Information

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

The Office of the Director of National Intelligence’s (ODNI’s) Policy Framework is a significant step forward in creating clarity around the intelligence community’s (IC’s) treatment of commercially available information (CAI). The Framework aspires to balance privacy and civil liberties concerns with the IC’s access to CAI, which includes—but is not limited to—data whose collection would otherwise require a warrant under the Fourth Amendment.

We applaud the ODNI for its action to address these risks while recognizing the countervailing benefits of the IC’s access to CAI. As Congress also considers restrictions on the IC’s use of CAI, it is critical to focus on measures narrowly tailored to these addressable harms, while preserving the ability of the IC to effectively perform its law enforcement and disaster response functions. We look forward to working closely with the ODNI and Congress in this endeavor.

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SIIA’s Comments to the Competition and Markets Authority: Navigating AI Ecosystem Partnerships

The Software & Information Industry Association (SIIA) has provided comments on partnerships and competition in the AI ecosystem to the Competition and Markets Authority (CMA). Representing a diverse range of stakeholders, including cloud service providers and AI developers, SIIA emphasizes the importance of fostering innovation and competition. They recommend a cautious approach by regulatory bodies like the CMA, suggesting that aggressive enforcement could hinder innovation without benefiting consumers or businesses.

Full Letter Here

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IN THE NEWS: Information software group says federal procurement policies meet needs related to AI

Source: Inside AI Policy

The Software and Information Industry Association says the federal government should rely on existing rules and frameworks as it considers ways to ensure “responsible procurement” of artificial intelligence products and services under an Office of Management and Budget memo on implementing President Biden’s Oct. 30 AI executive order.

“We believe the administration should continue encouraging the adoption of risk-based AI governance practices in general, as this approach is crucial in understanding AI use cases across the government. We believe it is also important to recognize that the desired goals of the OMB AI memo can be achieved without reshaping the scope of the government procurements process,” SIIA says in comments to OMB.

Protecting America’s Technological Leadership Is Critical for National Security

Tech is the engine that powers the American economy and drives U.S. innovation. Today, leading U.S.-based tech companies have given our country a competitive advantage over foreign rivals, and American global technological leadership has become a cornerstone of our national security. But, as outlined in a recent report from the Center for Strategic and International Studies, officials at home and abroad are considering policies that risk undercutting the American tech sector’s potential and undermining our country’s long-term national security interests.

As the report details, the Biden Administration acknowledges the important role the American tech sector plays in the strength of our nation. Currently, 81 of the most successful tech companies in the world are based in the United States, and private-sector businesses are responsible for 74.9% of our nation’s research and development. These American tech companies are responsible for creating the innovative new technologies that underpin our digital infrastructure, from cloud computing to advances in AI.

As global competition between the U.S. and foreign rivals has intensified, it’s increasingly important that American officials take steps to maintain the United States’ innovative and competitive edge because, as the CSIS report lays out, China is making proactive efforts to bolster its tech sector and would be eager to take our place. This is clearly a problem for our national security.

The report also provides insights into how some U.S. officials have pushed for harmful antitrust regulations and policies that put American national security at risk, and outlines fresh considerations that antitrust enforcers should take into account.

For example, top Biden Administration antitrust enforcers at the Federal Trade Commission (FTC) and Department of Justice (DOJ) have launched lawsuits against some of our country’s leading tech companies. High-level officials at the FTC and DOJ have even worked closely with regulators in other countries to implement foreign regulations that disproportionately hurt U.S. companies and economic interests, threatening American global competitiveness.

In Congress, elected officials have introduced legislation that mirrors foreign regulations targeting American companies. Experts have warned that these legislative efforts risk overregulating the tech sector, threatening to stifle U.S. innovation and the development of emerging technologies like AI and quantum tech. Concerningly, some of these bills, including the American Innovation and Choice Online Act, aim to place burdensome regulations on U.S. tech companies, but would leave large Russian and Chinese businesses untouched.

Even American trade officials – including United States Trade Representative (USTR) Ambassador Katherine Tai – have backed away from long-standing bipartisan principles designed to protect U.S. digital trade interests. Last year, Tai withdrew her support for digital trade rules during ongoing negotiations at the World Trade Organization (WTO). Previously, these rules were seen as essential in maintaining the United States’ global digital leadership. While other nations have taken actions like these as a green light to discriminate against U.S. businesses to the benefit of foreign competitors, Tai has minimized foreign digital trade barriers, including in the annual National Trade Estimate (NTE) report, which was designed to catalog foreign threats to U.S. business interests.

Technology plays a central role in protecting the United States. However, misguided policies and enforcement actions put American technological leadership – and U.S. national security – at risk. American officials must recognize that a strong U.S. tech sector is key to maintaining our edge and keeping America safe. In today’s landscape of global competition, promoting policies to encourage innovation is essential for U.S. national security.

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SIIA Joins 9 Organizations in Opposing SB 1047 (Wiener)

The Software & Information Industry Association (SIIA) joins other organizations in opposing SB 1047 (Wiener) as amended April 30, 2024, which seeks to enact the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act. While sharing the goal of ensuring safe AI development, they argue that federal regulation adequately addresses this concern and fear SB 1047 would further complicate the already fragmented U.S. AI regulatory landscape. They criticize the bill for imposing vague, impractical, and potentially infeasible requirements on developers, leading to high compliance costs and harsh penalties, including criminal liability. Moreover, they argue that the bill overly regulates AI technology rather than its high-risk applications, creating uncertainty, discouraging innovation, and exposing developers to significant liability risks. They contend that rather than protecting Californians, the bill could make them more vulnerable by hindering the development of AI technologies that could safeguard against dangerous models developed outside California’s jurisdiction.