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SIIA Applauds Senate for Addressing AI

by Policy

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

Coming out of the August recess, questions about the right approach to government oversight and regulation of AI are clearly at the forefront of the Senate agenda. The Software & Information Industry Association commends the Senate for addressing AI and we applaud the focus on transparency, high-risk AI and national security.  Regulating AI presents a bevy of hard issues and we encourage the Senate to focus its debate toward actionable legislation.

We believe a solid bipartisan consensus is emerging around key aspects of AI regulation. This came out clearly in Tuesday’s hearings in the Senate.

    • First, high-risk AI systems – those posing a significant risk of harm to people, property, or rights – require guardrails and a degree of government oversight. Identifying gaps in the current legal frameworks and tailoring requirements to fill those gaps is a critical part of crafting robust legislation.
    • Second, public trust and the safety and security of AI systems require further transparency. Voluntary measures, when adopted across industry, can have huge effects for AI safety, security, and trust in the United States and globally, and can be achieved far more rapidly than new laws and regulations. We applaud the White House’s AI Commitments and industry-led efforts such as the Coalition for Content Provenance and Authenticity (C2PA), dedicated to mitigating the risk of AI-driven deepfakes.
    • Third, the AI moment calls for a unique collaboration among government, civil society, academia, and industry. The NIST AI Risk Management Framework reflects this, as does ongoing work of the White House and the Senate AI Insights Forum being led by Senator Schumer. This kind of cooperation will ensure that any needed legislation that emerges will address the proper risks and preserve the ability of U.S. firms to continue their pioneering in the field. The United States is unmatched in its ability to convene leaders from all these domains to advance responsible AI and accountability while ensuring a strong innovation ecosystem.

The AI hearings also lend further urgency to the need for a comprehensive federal privacy law. AI technologies are built on data, and AI guardrails, to be effective, must have a solid foundation to build upon. That foundation must be uniform across the country, else the privacy patchwork that currently challenges consumers and businesses will become increasingly unworkable with AI regulation laid on top.

We look forward to continuing the productive discussions we’ve had with Senate staff on our Blueprint for Government Oversight and Regulation of AI that recommends the government establish guidelines and tailored requirements for AI systems that pose significant safety and rights concerns. Advancing AI innovation, enhancing government adoption and fostering strong public-private collaboration to effectively address the multifaceted challenges and opportunities presented by AI are critical to ensure we implement AI in a positive and safe way.

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SIIA Joins Coalition Letter on California’s SB 362 (Oppose)

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The SIIA and various trade associations, companies, and organizations have united against SB 362, emphasizing its potential negative consequences. This coalition argues that SB 362 would harm consumers by disrupting vital services like anti-fraud measures and cybersecurity, while also endangering the accessibility of free online resources, estimated at $30,000 per consumer annually. The bill’s impact would disproportionately affect smaller businesses, including women-owned and minority-owned enterprises, which rely on data brokers to compete. Critics of SB 362 also highlight its redundancy and potential confusion, as existing provisions in the California Consumer Privacy Act already address data deletion. The coalition calls for the rejection of SB 362, citing its potential to inflict economic and consumer harm in a data-reliant era.
Read Full Letter Here
Updated Letter Here - 9.8.2024
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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