SIIA DPR: Cyber bills proliferate in Sen., Admin Privacy Reports, and SIIA Conference focuses on Dig. Learning Policy

Cybersecurity
On the same day that the Sen. Homeland Security Committee held a high profile hearing to discuss the Cybersecurity Act of 2012 (S. 2105), Sen. McCain (R-AZ), Kay Bailey Hutchison (R-TX) and four other Republicans announced their intention to introduce an alternative cybersecurity bill after Congress returns from the President’s Day recess. It will include measures to reform FISMA and facilitate information sharing between the government and private sector about cyber threats, among other things.

Also, following the introduction of S. 2105 last week, Sen. Leahy introduced new legislation to address the law enforcement component of cybersecurity (see summary). The legislation closely tracks Title I of Leahy’s Personal Data Privacy and Security Act of 2011 (S. 1151), which passed out of Committee last year, and is intended to be offered as an amendment when cyber is considered on the Senate floor.

FTC releases App. Privacy Report, Long Awaited DOC Report Expected Thursday
Last week, the FTC issued a staff report regarding the results of a survey of mobile apps for children. The Report, “Mobile Apps for Kids: Current Privacy Disclosures Are Disappointing,” asserts that mobile apps can capture a broad range of user information from a mobile device automatically, including the user’s precise geolocation, phone number, list of contacts, call logs, unique identifiers, and “highlights the lack of information available to parents prior to downloading mobile apps for their children, and calls on industry to provide greater transparency about their data practices.” Additionally, a report from POLITICO has the DC privacy community abuzz with anticipation that the long awaited Dept. of Commerce Privacy Report will be released at a White House privacy event scheduled for this Thursday.

SIIA Ed-Tech Policy Conference to Focus on Digital Learning Needs

As outlined by U.S. Education Secretary Arne Duncan more than a year ago, the New Normal in education is the challenge of “doing more with less” in our pK-20 education system. SIIA continues to support our education system’s efforts to reimagine and retool by personalizing learning and leveraging technology and digital learning. SIIA’s upcoming Ed Tech Government Forum will bring SIIA member technology and education entrepreneurs together with national, state and local education leaders to dialogue about the policies of the “New Normal.

Payroll Tax Holiday Advances Sans Key Tech Tax Provisions
The final payroll tax holiday extension package agreed to last week and expected to be signed by the President later this week does not extend key tech industry tax provisions such as the expired R&D tax credit or extension of the 100 percent bonus depreciation provision for qualified property placed in service before 2013.

ICANN/Domain Name Application Update

ICANN stated that, thus far, 100 applicants have applied for new gTLDs during the current January 12-April 12 application period. The ICANN Board also reaffirmed that there will be a second gTLD registration period at some point after the first window is over.


David LeDuc is Senior Director, Public Policy at SIIA. He focuses on e-commerce, privacy, cyber security, cloud computing, open standards, e-government and information policy.

This Week in IP Enforcement

Pirate Bay Vows to Go Underground Over Blocking Threat (BBC)

Following a ruling by the High Court that the site facilitates copyright infringement and may soon be blocked, The Pirate Bay said it would move to new methods of file distribution that would be harder to track.

Pinterest Releases Optional Code to Prevent Unwanted Image Sharing (The Verge)

Under heat for copyright issues, social photo blogging site Pinterest is now giving site owners the option to insert a short snippet of code into their site to prevent Pinterest users from sharing any images from the site.

Feds Broaden Piracy Case Against Megaupload.com (CNN)

Federal authorities have added counts of criminal copyright infringement, conspiracy to commit money laundering and wire fraud in their case against Megaupload.com and Megavideo.com.

Facebook and Twitter Do Not Need Anti-Piracy Software, Says Court (The Guardian)

The European court of justice has ruled that social networking sites like Facebook and Twitter cannot be required to install an anti-piracy filtering system to actively monitor users’ posts.

Post SOPA, Influential Tech Investor Favors ‘Blacklisting’ Pirate Sites (CNET)

Venture capitalist Fred Wilson says we don’t need anti-piracy legislation; he favors establishing an independent group to create a “black and white list,” and major sites like Google


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.

Leveraging the New Normal

As outlined by U.S. Education Secretary Arne Duncan more than a year ago, the New Normal in education is the challenge of “doing more with less” in our pK-20 education system. But as Duncan — and others including SIIA would respond – “this challenge can, and should be, embraced as an opportunity to make dramatic improvements . . . [E]normous opportunities for improving the productivity of our education system lie ahead if we are smart, innovative, and courageous in rethinking the status quo.”

The Software & Information Industry Association (SIIA) continues to support our education system’s efforts to reimagine and retool by personalizing learning and leveraging technology and digital learning. SIIA’s latest effort is the March 7-8 Ed Tech Government Forum, which will bring SIIA member technology and education entrepreneurs together with national, state and local education leaders to dialogue about the policies of the New Normal digital age in education. 

The following keynote speakers will share how at the local, state and college levels, they are removing outdated policy barriers and modernizing practices to better meet the individual needs of their students through digital learning:
- Jorea Marple, State Superintendent of Schools, West Virginia Department of Education
- Kaya Henderson, Chancellor, Washington DC Public Schools
- Jay Box, Chancellor, Kentucky Community and Technical College System

We will share examples of how agencies and institutions are Doing More w/Less through Technology and eLearning, featuring Michael Casserly (Council of Great City Schools), Amber Winkler (Thomas B. Fordham Institute) and Todd Wirt (Mooresville, NC Graded School District) which was recently featured in the NY Times

And senior officials from state agencies in TN, OH, KY, GA and UT will share their initiatives in digital and open content, online assessment, virtual learning and data systems to meet the goals of Race to the Top and other state policies and ensure students meet the Common Core State Standards.

Throughout, this members-only SIIA forum will support two-way dialogue, enabling technology and digital learning providers to understand the needs of our pK-20 education system, while also providing learning opportunity for education leaders to understand the vision and innovative learning technologies coming from the private sector.

SIIA members not yet plannign to attend, please review the full agenda and speakers and register. For all, SIIA will be sure to help attendees and presenters leverage the results of this discussion to further support all stakeholders in Leveraging the New Normal to improve education and our students’ college and career readiness.


Mark SchneidermanMark Schneiderman is Senior Director of Education Policy at SIIA.

What is Next for US Federal Cloud Implementation?

By Andras Szakal, vice president and chief technology officer for IBM U.S. Federal

The government is making steady progress in executing the reforms outlined in its 25-Point Plan, delivering many ahead of schedule. At the core of this is the shift to cloud-oriented shared services, which hold great promise for government. Avoiding the redundancy of having each department’s IT shop develop its own software for managing personnel or dealing with public-information requests accounts for nearly half the $932 million in IT savings it has identified through its TechStat program for reviewing IT.

New Federal Risk and Authorization Management Program (FedRAMP) security standards are an important step to make it easy for agencies to purchase cloud and other services from approved vendors. They outline ways to standardize security requirements and contract language for implementing cloud-based IT applications. But they are just that — an outline — rather than a detailed roadmap to cloud implementation.

To be sure, cloud won’t be a one size fits all approach when it comes to government implementation. In most cases, a combination of different approaches — private clouds, hybrid clouds and public clouds — should all be examined to determine which approach makes the most sense for the specific need that is being met.

Applications like e-mail, content management, and back-up have been relatively easy to move to the cloud. But using cloud architectures to improve core functions and make development of processes quicker, while reducing duplication of effort will require careful analysis of each application to determine the best migration path.

Functions that are common to many agencies are natural fits for a traditional cloud model, while unique, dedicated functions are often better managed in dedicated systems that allow the flexibility to adapt to underlying business flows. Law enforcement case management and intelligence analysis systems, for example, require unique capabilities and security needs, which require greater agency control and dedicated systems support.

In cases like these, it often makes sense to use virtualization technologies inside government data centers. Many government programs have security needs that are easier to secure internally. Agencies can achieve some of the cost-cutting benefits of cloud technology by adopting “private clouds,” which are easier to secure because information never moves outside of a dedicated data center.

The coming year is an exciting time for Federal IT, as FedRAMP and the move to shared services — whether in the form of public or private clouds — provide the structure that will help new projects for cost cutting take root, ultimately saving taxpayers money by helping government become more efficient.

Andras Szakal is participating in a panel on the U.S. Government’s efforts to reform and improve the operational efficiency of its massive IT infrastructure tomorrow at CloudGov.


Andras Szakal is responsible for IBM’s industry solution technology strategy in support of the U.S. Federal customer.

This Week in IP Enforcement

Google Books Lawsuit Lurches Forward (paidContent)
The Authors Guild revived a class-action lawsuit over Google’s massive book scanning project in new filings this week demanding Google pay authors for scanning their works without permission.

AP Sues Meltwater News Claiming Copyright Offense (Bloomberg)
The Associated Press is suing digital news distributor, Meltwater News, for infringing on AP copyrights by illegally selling and distributing content created by the AP.

Copyright Tribunal Says Businesses Need License to Use Google News (Wired)
In a long running case between the Newspaper Licensing Association and media-monitoring service Meltwater, the Copyright Tribunal ruled that Meltwater must hold a license to use media aggregators like Google News and Alerts. In the same trial, the Tribunal also decreased the NLA’s proposed fee increases.

Pinterest: Is it a Facebook or a Grokster? (paidContent)
While Pinterest’s soaring popularity has led it to be dubbed the “next Facebook,” all the hype has also brought attention from angry copyright owners who are complaining that their images are being used without permission by users on Pinterest’s site.

Pirate Bay to Replace All Torrent Files with Magnet Links (Herald Sun)
The Pirate Bay announced it will be deleting all torrent files (but they would remain available through magnet links) in order to become more resistant to being shut down, since the content would no longer be downloaded directly from the Pirate Bay’s servers.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.

Ed-Tech Innovators: We want you!

SIIA’s Education Division is now seeking applications for its Innovation Incubator program. Developers of innovative K‐12 and postsecondary, technology‐based educational products or services will be reviewed, and ten participants (along with one alternate) will be selected to participate in the annual Ed Tech Industry Summit this spring. The deadline for applications is March 9, 2012.

The Innovation Incubator Program connects developers of promising new technologies with industry leaders, potential investors, and established companies seeking partnerships or acquisition candidates. The program is open to applicants from academic and non‐profit institutions, pre‐revenue and early‐stage companies, and long‐ standing companies with newly developed educational technologies.

While prototypes and very early‐stage innovations will be considered, products or services submitted must be past the conceptual phase. Applicants will be assessed on a broad range of selection criteria.

Participants selected for the program will present their innovations during the Business Profiles Presentations that open the Ed Tech Industry Summit in San Francisco on May 6. Immediately following these presentations, they will be on hand to provide product demonstrations during the Innovation Showcase & Welcome Reception. Throughout the Summit, Innovation Incubator participants will receive recognition, peer‐to‐peer mentorship, and access to hand‐ selected prospects for partnership, acquisition, financing, and veteran advice.

SIIA is again partnering with Blackboard Inc., lead Innovation Incubator sponsor, to give elevated visibility and support to the finalist that best exemplifies technology innovation in service to education. One Innovation Incubator participant will be selected by Blackboard to receive a year‐long membership as a Blackboard Building Blocks partner in the Blackboard Partnerships program, subject to additional terms and conditions.

The program is also sponsored by Texthelp Systems.


Karen BillingsKaren Billings is Vice President for the Education Division at SIIA.

SIIA Applauds Progress of Senate Cybersecurity Legislation

With cyber threats more sophisticated and targeted than ever, and growing at an unprecedented rate, now is the time to act on critical cybersecurity legislative priorities. We are pleased to see that Sens. Lieberman, Collins, Rockefeller and Feinstein have made significant progress in striking a balance between preserving innovation and identifying and regulating critical infrastructure.

SIIA continues to believe that cybersecurity legislation could potentially do more harm than good if not done carefully. A regulatory approach would not necessarily make organizations more secure, just more compliant. It is imperative that Congress preserves the ability of technology companies to quickly develop and deploy technology that can detect, prevent and mitigate cybersecurity threats.

We urge swift, bipartisan support for legislation that advances critical cybersecurity priorities and immediately enhances our preparedness. As we identified in a recent letter to Sen. Reid, there are multiple cybersecurity objectives that enjoy strong bipartisan support in the House and Senate, such as enhancing information-sharing between the public and private sectors, reforming FISMA, encouraging increased cybersecurity research and ensuring that law enforcement has the adequate tools and criminal penalties for to protect against cyber crimes.

SIIA is committed to the goal of enacting legislation that will establish a meaningful national framework for data security and for breach notification, and we look forward to continuing to work with Congressional leaders to reach consensus.


Katie CarlsonKen Wasch is President of SIIA.