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Concerns and Requests Regarding FTC’s Negative Option Rule Amendments

by Policy
Software & Information Industry Association  (SIIA) and other organizations express concerns about the FTC’s proposed Negative Option Rule amendments, citing procedural issues in soliciting public feedback. They stress the Presiding Officer’s discretion for robust public participation and request a fair process with adequate notice, opportunities for all interested parties, and extended time for hearings if needed. Unequal treatment concerns are raised, emphasizing the need for transparency in case of denials. The letter calls for sufficient time for presentations, cross-examinations, and rebuttals.
Full Letter Here
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Adopting a Risk-Based Approach to the Regulation of Data Practices

by Policy

Coinciding with Data Privacy Week, the Software and Information Industry Association (SIIA) just released a comprehensive white paper. This document serves as a guide, shedding light on the multifaceted legal, practical, and ethical considerations crucial for the fair and productive regulation of “data brokers.”

While privacy discussions often center on data brokers in a broad sense, it is crucial to recognize that companies involved in information creation, dissemination, and utilization are diverse entities. Capitol Hill and various state capitols frequently express concerns about the risks associated with information publishing and its impact on consumer privacy, yet they may overlook the nuanced advantages and challenges inherent in the existence of such data. This oversight extends to the profound influence of data on the productive development and adoption of artificial intelligence (AI).

*This content reflects the view of the Software & Information Industry Association (SIIA), and may not reflect the individual views of each SIIA member company.

Adopting a Risk-Based Approach to the Regulation of Data Practices
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SIIA Commends Department of Education on Release of the 2024 National Educational Technology Plan

by PolicyPress Release

Washington, D.C. – January 22, 2024 – The Software and Information Industry Association (SIIA), commends the Department of Education and its Office of Education Technology (OET) for today’s release of the 2024 National Educational Technology Plan.  We also congratulate our partners in education – SETDA, InnovateEDU, Learning Forward, Project Tomorrow, and Whiteboard Advisors for their leadership, involvement, and coordination with the 2024 National Ed Tech Plan’s publication.  Serving as a guiding policy document for educational technology, this updated plan offers key issue areas, as well as solutions to help create a more equitable and sustainable education technology guideline for states, schools and vendor leaders.

The 2024 NETP builds on the tremendous work of the Office of Education Technology on artificial intelligence, cybersecurity, and improving the resources and experiences of students and educators.  After last year’s release of OET’s report,  Artificial Intelligence and the Future of Teaching and Learning, SIIA released the ed tech industry’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. The updated NETP is another essential step offered by the Department of Education, as it serves as a true resource to the field of education and navigates the continued expansion of digital learning.

At its core, the 2024 NETP focuses on the needs of students, specifically the equity gap in education, along with supporting the academic acceleration of student learning. We believe the Department of Education’s inclusion of offering guidance on how to address digital equity: more importantly, the digital use divide, the digital design divide, and the digital access divide, gives leaders in education a more informed vision and mission to create the best education experiences for students. In conclusion, the NETP offers solutions and recommendations, as well as examples from all 50 states, on how these key focus areas can be implemented and supported.

Educational technology has transformed the way students engage with learning materials, offering innovative tools that cater to diverse learning needs. Flashcards, one of the simplest yet most effective study aids, have now evolved with the advent of artificial intelligence. By integrating AI into educational platforms, flashcards are no longer static; they are dynamic and adaptive, personalizing the learning process for each student. Memrizz AI, for example, is revolutionizing how flashcards are utilized in education by analyzing learning patterns, gauging knowledge retention, and adjusting the difficulty of content based on a student’s progress. This not only enhances understanding but also fosters a more efficient learning experience tailored to individual needs.

SIIA looks forward to working with the Department of Education, as well as the Office of Education Technology, to implement the key guiding principles in the NETP.  As a trade organization representing leading companies in the field of education technology, SIIA’s membership is proud to collaborate with OET and its mission to promote digital equity, while also advancing the efforts to enhance all learners’ educational experiences in the digital world. This framework is a significant achievement in education and will create meaningful change within the national scope of education and education technology.

 

About SIIA

SIIA is an umbrella association representing more than 380 technology, data and media companies and associations globally. Industry leaders work through SIIA’s divisions to address issues and challenges that impact their industry segments with the goal of driving innovation and growth for the industry and each member company. This is accomplished through in-person and online business development opportunities, peer networking, corporate education, intellectual property protection and government relations. For more information, visit siia.net.

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Online Speech and AI

by Policy

Written by: Suher Adi

As discussed in the OMB AI Draft Memo, there are uses of AI that may have an impact on individuals rights and safety. In our previous blog post, we discussed ways OMB can and should limit the scope to be targeted in the application of assessments for high risk AI. AI can impact people’s fundamental rights, and SIIA agrees that those specific impacts should  be covered under a different risk assessment model and trigger the minimum requirements review. 

However, the discussion of online speech is not new to technology companies and is a topic that is largely debated in the courts. It is important to note the various ways OMB can refine the use cases of “rights-impacting AI” to maximize the impact for appropriate instances. Sec.230 of the Communications and Decency Act passed in 1996 has enshrined the ability for technology companies to utilize their own discretion to ensure content is moderated online. Content moderation is increasingly important to ensuring that inappropriate and illegal content is not shared online. Tools used for content moderation could be assisted by integrating AI, leading to less biased decisions and decreasing the cost of moderation strategies. 

When OMB mentions issues in the AI Draft Memo regarding “blocking, removing, hiding or limiting the reach of protected speech,” it must be noted that this can be done with existing online content moderation strategies. These online content moderation strategies for years have relied on a combination of human and machine learning processes to make determinations about user-generated content that comports with content policies. While the First Amendment provides robust protection for these practices in the private sector, the First Amendment limits the federal government’s discretion to block, remove, hide, or limit the reach of protected speech. The inclusion of this use case should specifically reference government-run websites and platforms and acknowledge the history of content moderation for online companies to date.

With the Supreme Court deciding on a variety of cases, including cases related to content moderation, it must be maintained that technology companies will continue, within their rights, to moderate harmful content online, regardless of whether they develop AI or not. 

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SIIA Statement on European Commission Intention to Block Amazon iRobot Acquisition

by Policy

The following statement can be attributed to Morten Skroejer, Senior Director, Technology Competition Policy, Software & Information Industry Association.

Last night, the Wall Street Journal reported that the European Commission intends to block Amazon’s acquisition of iRobot, the maker of the Roomba vacuum. According to the report, the Commission is concerned that the merger “could restrict competition in the market for robot vacuum cleaners.”

If the reporting is accurate, the Commission’s decision continues the regrettable trend of competition authorities in Europe and the United States blocking, or attempting to block, pro-competition and pro-consumer deals.

We are deeply concerned by the way that the Commission is applying its competition principles, which has implications well beyond the context of this particular case. Here, Amazon does not own a competing brand of robot vacuum cleaners. Rather, the point of the deal was to provide iRobot a much needed capital infusion to allow it to better compete with its closest competitors. This rubric could be applied to block almost any kind of productive activity across the business of information.

The Commission’s decision to block the merger is bad for innovation, small businesses, and, ultimately, consumers, who will have fewer products and services to choose from.