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SIIA’s Feedback on Consumer Reporting Rulemaking Panel’s Proposals

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In our response, SIIA focuses on the need for a cautious approach when defining data brokers under the Fair Credit Reporting Act (FCRA). We argue that the proposed definition is overly broad and does not align with the FCRA’s original intent. This expansion could encompass entities with beneficial purposes unrelated to consumer reporting, potentially harming the U.S. economy. We stress that defining any consumer information used for a permissible purpose as a consumer report goes beyond what the FCRA allows. We express concern about the potential chilling effect on information dissemination and the associated compliance costs. We also highlight the potential negative impact on the use of credit header data in sectors like healthcare, particularly for underserved populations.
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SIIA Statement on White House AI Executive Order

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

The Software & Information Industry Association is pleased with much of what the Executive Order on AI released today. The EO goes a long way to demonstrating global leadership on what remains an evolving technology in a way that will help to provide both a model for AI regulation to other democratic countries, and a guide to Congress to bridge legislative gaps. It builds on the voluntary commitments agreed to earlier this year by 15 leading AI companies and advances measures that we hope will make the US government a leader in responsible AI.

We are encouraged to see:

  • A call for comprehensive federal privacy legislation, which is a critical foundation and predicate for any broad AI legislation;
  • Measures to advance the research, development, and adoption of privacy-preserving technologies that make use of AI technology and address critical data risks;
  • Promotion of needs for advancing the responsible use of AI in education that support the needs of educators and students, in line with SIIA’s Principles for the Future of AI in Education – a framework intended to guide the ed tech industry’s implementation of artificial intelligence in a purpose-driven, transparent, and equitable manner that enables critical tools for personalized and enhanced learning experiences and improved assistive technologies;
  • Support for further action on content provenance and authenticity, and on using AI tools to advance cybersecurity and respond to AI-driven vulnerabilities; and
  • Launching of a pilot program to democratize AI research and resources as Congress considers legislation to authorize and implement the National AI Research Resource.

Despite our top level support for the White House’s action today on AI, we have concerns about some of the directions taken in the executive order.

  • While we are pleased the foundation model review process is focused on high-risk use cases – those that involve national security, national economic security, and national public health and safety – we are concerned that the EO imposes requirements on the private sector that are not well calibrated to those risks and will impede innovation that is critical to realize the potential of AI to address societal challenges.
  • We support efforts to advance safe, secure, and trustworthy AI systems in classrooms, along with increased NIST involvement of standards, yet we have concerns that a DHS-led process to evaluate AI in schools – which are considered part of “critical infrastructure” – could impede the safe and responsible use of AI in the classroom and would recommend, at a minimum, that the Department of Education be involved in the process.
  • While we support the measures to democratize research and access to AI resources and reform immigration policy, we believe the directive to the FTC to focus on competition in the AI markets will ultimately undermine the administration’s objectives to maintain U.S. technological leadership.

 

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SIIA Voices Concern Over USTR’s Shift in Digital Trade Policy, Urges Reconsideration

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Software & Information Industry Association (SIIA) President Chris Mohr issued the following statement following the decision by the United States Trade Representative (USTR) to walk away from long-standing U.S. positions on digital trade at the WTO.

Under both Republican and Democratic administrations, cross-border data flows and digital trade has been a bipartisan strategic priority for the United States as a way of advancing the values of democratic countries. It is extremely concerning that the Biden administration has unilaterally decided to abandon that consensus.

Global trade rules do not constrain the ability of the U.S. government or Congress to regulate U.S. companies. Under the guise of providing “policy space” for U.S. domestic policymakers, the position adopted by the Administration in Geneva undermines U.S. strategic and economic interests abroad, weakens U.S. leadership, and opens the door for strategic adversaries like China to define the rules of the road for digital trade in a way that not only fails to advance democratic values, but actively harms them. What is even more concerning is that yesterday’s announcement is in direct opposition to the U.S. National Security, National Cybersecurity, and National Intelligence Strategies, each of which depends on the continuing strength of the U.S. technology and information industries – the very industries that USTR’s policy retreat will undermine.

We strongly urge the Administration to reconsider this deeply misguided change in policy

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SIIA’s Stance on FTC Commissioner Disqualification

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SIIA appreciates the chance to comment on the petition for rulemaking regarding Commissioner disqualification (Docket No. R307004). We emphasize the need for greater procedural transparency in the Federal Trade Commission (FTC) and clearer standards for Commissioner recusals, supporting the U.S. Chamber of Commerce’s call for enhanced procedures. SIIA underscores the importance of public confidence in the FTC’s decision-making process due to its far-reaching jurisdiction. We recommend specific recusal criteria, written guidance from agency ethics officials, and written disclosure of recusal reasons.

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Shaping the Future of AI: SIIA’s Feedback on G7 Draft AI Principles

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The Software & Information Industry Association (SIIA) expresses appreciation for the G7’s International Draft Guiding Principles for Organizations Developing Advanced AI Systems. We support international alignment and collaboration with institutions like the OECD and GPAI. SIIA recommends clarifying the scope of “advanced AI systems” to align with the White House Voluntary Commitments, defining a “risk-based approach,” distinguishing between organizations in the AI lifecycle, and focusing on mechanisms to prevent misuse. We offer specific feedback on individual principles, emphasizing the importance of clarity, definitions, and considerations regarding privacy laws, intellectual property, and content authenticity. SIIA recommends alignment with the White House Voluntary AI Commitments on content authenticity and provenance. We also address issues related to personal data, IP rights, and copyright protection.
Full Letter Here