Information about http://www.siia.net/govt/docs/pub/PolicyPriorities_2008.pdf
SUMMARY OF SIIA GOVERNMENT AFFAIRS…
Tags: china government, corporate governance, digital content industry, digital economy, digitization projects, digitizing, diligent search, edge analysis, education technology, global workforce, government affairs, government information policy, intellectual property laws, intellectual property protection, key industry, principal trade association, promoting software, software industry, technology competition, trade developments,Pages: 10
Language: english
Created: Mon Feb 4 12:18:09 2008
Display cached document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
SUMMARY OF SIIA
GOVERNMENT AFFAIRS PRIORITIES
2008
As the principal trade association of the software and digital content industry, SIIA plays
the key industry role of promoting software and information content in the digital
economy. A recognized leader in providing cutting edge analysis of the industry, SIIA
promotes, protects and defends our industry in the following areas of public policy:
· Intellectual Property Protection · Privacy
· Education Technology · Competition in the Software Industry
· Promoting Effective eGovernment · Global Workforce
· eCommerce & Trade · Developments affecting our industry
in:
· Tax, Finance & Corporate
Governance China
· Government Information Policy European Union
Updated November 28, 2007
Intellectual Property Protection
SIIA supports enactment of adequate and effective domestic and foreign intellectual
property laws that protect the rights of IP owners and allow for effective enforcement of
those rights. To achieve this goal, SIIA seeks to:
· Promote legislation intended to opportunities to fill the gaps in the
address piracy of copyrighted works. legal protection accorded to
databases.
· Actively monitor implementation of
new and existing digitization projects · Support orphan works legislation
and any related lawsuits and industry that would limit the legal remedies
response resulting from the projects. against a user who could not, after a
Oppose any such projects that entail "reasonably diligent" search, identify
the digitizing and copying and locate the copyright owner
of copyrighted works without the before commencing use of the work.
authority of the copyright owners
and offer to work with those who · Advocate reforms to the U.S. patent
implement such projects to re- system through measures that reduce
fashion the projects so that they frivolous litigation and improve
operate within the confines of the patent quality. Support legislation to
law. end the diversion of user fees from
the U.S. Patent and Trademark
· Monitor for and oppose draft and Office.
proposed legislation that would alter
copyright law in ways that narrows · Urge Congressional consideration of
the existing rights and remedies appropriate and constitutional
available to copyright owners or legislation to address Supreme Court
broadens existing or creates new and lower court decisions that
exceptions to such rights and immunize state's and their
remedies. instrumentalities from monetary
liability for infringement of another's
· Ensure appropriate implementation intellectual property.
of the DMCA.
· Monitor developments in China,
· Represent the interests of the code with particular attention on
and content industry in the judicial implementation of China's WTO
process by filing amicus briefs in Commitments under TRIPs.
high-profile cases.
· Vigilantly monitor for and adamantly
oppose any legislative initiatives
aimed at further reducing the thin
protection presently afforded to
databases and look for appropriate
1
Education Technology
All citizens must have the knowledge and skills to succeed in today's highly competitive
and information technology driven economy. Education and training through and about
technology are vital to this effort. SIIA member companies are partnering with educators
at all levels to provide innovative technology-based educational tools, but a successful
national strategy requires federal and state government to enhance their investment in this
challenge.
SIIA is the only national advocacy organization focused on the specific needs of the
education technology industry, especially those providing educational software, digital
curriculum and related learning technologies to schools and universities. This provides
SIIA with a unique opportunity to inform the policy debate representing companies with
a dual interest in the education and training market as technology providers working to
improve teaching and learning; and as high-tech employers seeking high-skilled workers.
SIIA priorities include the following:
· Investment in education technology · Targeted education, training and
and its integration into teaching and other workforce development
learning. policies to meet the nation's, and
SIIA members', needs for a skilled
· Support for education technology high-tech workforce.
research and development through
government-industry partnership, not · SIIA is working with state
government competition with the lawmakers and agency officials
private sector. to reform state K-12 instructional
materials (textbook) adoption
· SIIA works with state and federal regulations and processes in the 21
regulators to ensure that technology states where the review, approval
accessibility for students with and funding of K-12 instructional
disabilities is achieved in a materials was originally designed for
meaningful and technology-neutral print-based materials so that
fashion that takes into account electronic instructional materials are
unique instructional design issues. not disadvantaged.
· Reform of outdated regulations in
favor of 21st Century e-learning
policies.
2
E-Government & Information Policy
SIIA supports e-government policies that rely on commercial, off-the-shelf technologies
and services, recognizing that governments should not compete with the private sector in
the development of technology or the implementation of electronic commerce. SIIA is
also committed to ensuring that e-government policies maintain a consistent, desirable
approach to protecting personal privacy, security of information and transactions,
maximizing public accessibility, and avoiding governments from adopting standards,
unique requirements or protocols that limit choice and interoperability. Additionally,
SIIA is the leading proponent of information policies that promote a diversity of sources
for government information and embrace the critical role served by the digital content
industry. SIIA's policy priorities in this area are:
· Monitor e-government funding, eAccessibility initiatives of the
legislative direction and European Union.
administrative policy with the
objective of identifying opportunities · Promote and advance the use of open
and preventing harmful effects for data format standards as a key
SIIA member companies. element of desktop and web-based
document creation as well as use
· Promote a vision of e-government within a service-oriented architecture
that relies on commercial, off-the- for governments and public
shelf technologies and services, authorities based on open standards
recognizing that government should where appropriate to construct and
not compete with the private sector deliver online government services.
in the implementation of electronic
commerce. · Engage with the Office of
Management and Budget (OMB) and
· Monitor federal and state policies National Institute of Standards and
and legislation that could potentially Technology (NIST) regarding the
limit public access to government implementation of commonly
information, including public records accepted security configurations for
data, actively oppose legislation or agencies and the Federal Desktop
policies that would impose Core Configuration (FDCC).
inappropriate restrictions on access
to government information and · Working with various federal
public records, and participate in agencies on a case-by-case basis to
landmark legal decisions that could encourage conformance with
impact these laws. government information policies and
to discourage efforts that compete
· Monitor and promote effective with the private sector.
implementation of Section 508 and
related accessibility issues by both
agencies of the Federal Government
and state initiatives as well as the
3
Trade, Cross-Border Services & e-Commerce
With SIIA members at the forefront of developing a global e-Commerce market in which
business, consumers and users can have confidence, our e-Commerce agenda focuses on
the legal, regulatory and policy environment in the US, Europe and globally on the
following issue areas:
· Removal of barriers to eCommerce · The Internet and Taxes: implement a
(including, for example, promoting a multi-prong strategy that is outlined
predictable legal framework for in the section on Tax, Finance &
global electronic commerce; Corporate Governance
management of risk and costs
associated with litigating in foreign · Trade Agenda:
courts; removal of barriers to
electronic records, contracts and · Pass the Free Trade Agreements
signatures; development of efficient, (FTAs) that have been negotiated
timely and cost-effective means of and work toward additional
resolving disputes through FTAs based on the highest
alternative mechanisms that are standards possible. Work toward
practical for consumers and least the renewal of "Trade Promotion
burdensome for e-business; and other Authority".
laws or regulations that impede
digital commerce) · Work toward an effective
liberalization of services in the
· Security and Trust, based on private "Doha Round" of Multilateral
sector leadership, focusing on Negotiations, and advocate
implementation of a National strong Ministerial-level
Cybersecurity Strategy and recognition of liberal treatment
monitoring and opposing as of "digital products" when
appropriate efforts to impose downloaded, accessed or hosted
government-developed standards in across borders.
this area
· In the area of Exports, Customs
and Global Logistics, build on
the progress made in multilateral
trade agreements to address
reduction of tariffs and foster
effective trade facilitation.
4
Tax, Finance and Accounting Policy
SIIA supports tax, finance and accounting policies that encourage strong growth of the
software and digital content industries, and the digital economy. Such policies should
promote a borderless electronic marketplace free from unfair and inconsistent taxation
and provide an environment that encourages research and innovation critical to continued
strong economic growth. Following are the key issues which SIIA has been actively
monitoring and engaged in 2007 and expect to remain priorities in 2008:
· E-Commerce and Internet · Stock Option Accounting -- The
Taxation -- SIIA maintains multiple U.S. Financial Accounting Standards
priorities regarding taxation of the Board recently launched a new
Internet and the digital marketplace. project focused on developing a
Three key areas that promise to comprehensive standard of
greatly affect the digital code and accounting and reporting for
content industry include: financial instruments with
characteristics of equity, liabilities
(or both) and assets. With this
Moratorium on Internet access
ongoing project, there is a possibility
taxes and discriminatory taxation
that ramifications could be that stock
of e-commerce, recently
options that have not yet been
extended until Nov. 1, 2015),
exercised are to be considered
Business activity tax nexus liabilities and potentially may also
clarification, and impact the valuation of those
options.
Efforts to require remote sellers
to collect and remit sales and use
taxes to states and localities on
out of state transactions and other
state taxation issues.
5
Government Information Policy
SIIA is the leading proponent of information policies that promote a diversity of sources
for government information and embrace the critical role served by the digital content
industry in dissemination critical information to a variety of end users. SIIA promotes
policies that build on this premise, working with the federal government and agencies, as
well as states, to guide implementation of key e-Government initiatives, particularly
those that provide for the establishment or modification of Web-based information
technology products and services. In the next year, the agenda will include, for example:
· Continue the ongoing dialogue with · Monitor the Appropriations process,
the Government Printing Office paying close attention to funding
(GPO) leadership regarding GPO's levels and authorization of various
ongoing efforts to develop and government information initiatives.
implement a new business model for
its sales program and related · Working with various federal
initiatives. agencies on a case-by-case basis to
encourage conformance with
· Monitoring developments regarding government information policies and
"open access" to scientific, technical to discourage efforts that compete
and medical information, and with the private sector.
promote the government's continued
conformance with information · Monitor state policies and legislation
policies. that could potentially limit public
access to government information,
including public records data, and
actively oppose proposed legislation
or policies that would impose
inappropriate restrictions on access
to government information and
public records.
6
Privacy
SIIA's multifold strategy on privacy protection effective self-regulation, use of appropriate
technology, and working constructively with enforcement authorities to implement laws that have been
passed provides a unique position as an industry resource for policy makers. Neither advocating a
specific legislative solution nor standing against legislation at any cost, SIIA -- through its broad-based
membership and historical expertise and experience -- plays a leadership role on this crucial issue.
When reviewing and commenting on legislative and regulatory proposals, SIIA applies the following
key tenets: Personalization enhances the value of online user experiences; Industry is addressing
consumer confidence concerns surrounding online privacy issues; Government must avoid micro-
management of online privacy issues. Among the priorities for coming year:
· Engage policy makers in Congress as consumers' financial information,
possible privacy legislation is including efforts to streamline notices and
developed and considered based on the implementation of the "Safeguards Rule";
principles above. If federal legislation Children's Online Privacy Protection
is to be adopted, it must provide for Act, especially its Sliding Scale Rule;
meaningful and effective state CAN-SPAM Act, and the various
preemption of related privacy statutes. rulemakings it requires; Telemarketing
Sales Rule, including the "Do Not Call
· Work with Congress to achieve a Registry"; and Section 5 actions
national framework to promote on- generally.
going data security plans and provide
for effective security breach · Demonstrate leadership on the FTC's
notification. "Culture of Security" initiative and
related actions to enforce promises made
to secure consumer data.
· Works to prohibit the "bad practices"
associated with spyware, and avoid
· Monitor the FTC's inquiry into Internet
legislative efforts to regulate the
Advertising.
technology. Monitor FTC actions
brought against purveyors of spyware
· Internationally, monitor developments
in the market. Monitor developments
related to privacy protections, especially in
in states that contribute to a patchwork
the EU regarding the US-EU "Safe
of privacy protections and procedures.
Harbor", model contract provisions and
possible other new Directives.
· Educate policymakers on the implications
of technology on privacy policy and uses
· Work, to the greatest degree possible,
of privacy enhancing technologies through
towards global approaches to privacy that
demonstrations and briefings.
recognize the key role of self-regulatory
efforts, cross-border information flows,
· Monitor implementation of the FTC's
and prevention of barriers to trade.
Privacy Agenda, including effective
implementation of the provisions of
Gramm-Leach-Bliley relating to
7
Competition in the Software Industry
SIIA has been a consistent advocate for vigorous, but fair, competition within the software
industry, working to maintain a competitive environment through balanced, comprehensive
approaches. In the coming year, SIIA will:
· Monitor implementation of the Consent
Decree resulting from U.S. v. Microsoft. · Continue in its role as interested third
party in proceedings in the European
· Monitor and assess competition Union.
developments in jurisdictions such as
South Korea and Japan, and as
appropriate participate in similar
proceedings.
Global Workforce
The global nature of our industry demands the best in worker training, education and
services. To meet the needs of our industry, SIIA will engage policy makers in the
following areas:
· Educate policy makers and opinion experience, knowledge and skills that are
leaders on the challenges of competing critical to U.S. competitiveness in the
in the global marketplace and the reality 21st century.
of "worldwide sourcing."
· Explore opportunities to provide
· Promote a positive agenda of job regulatory relief with the visa processing
training and education reform, enhanced challenges to ensure that temporary
R&D, meaningful trade agreements and business visitors are able to work with
removal of trade barriers in order to their US partners to conclude contracts,
promote economic growth and create engage in training, and participate in
jobs. joint product development and other
activities that help get US companies
· Oppose harmful legislation at the federal market access abroad.
and state levels that attempts to legislate
the location of jobs as a response to the · Work constructively with US officials
worldwide sourcing debate. on appropriate and least burdensome
measure to enhance border and
· Advocate immigration and visa policies homeland security.
that will help members meet their
workforce and business needs. Seek an
increase in the number of visas and
permanent residence status with priority
to individuals with the education,
8
International Developments
Below are highlights of the issues SIIA is engaged in internationally:
Europe China
· Implementation of the eEurope 2005 Through SIIA's leadership in the US
Action Plan that promotes Information Technology Office in
accessibility, broadband and network Beijing (USITO):
security, and touches the areas of e-
government, e-learning and e- · Work to ensure China's
business. implementation of its WTO
commitments announced in
· Implementation of the updated VAT December 2001, especially with
rules that now encompass regard to ensuring enforcement of
electronically-delivered goods and intellectual property laws that meet
services from non-European the requirements of TRIPs for
suppliers. effective deterrence in practice.
· Implementation of intellectual · Promote implementation of China's
property laws. Government Procurement Law in a
manner that does not discriminate
· Enforcement and policy against non-Chinese software and
developments related to various EU information companies. Work
privacy Directives, including aggressively to ensure
supporting US companies implementation of the software
participation in the US-EU "Safe procurement regulations in a manner
Harbor" Agreement. that is transparent, non-
discriminatory and provides for
Chinese government agencies to get
the best value in their expenditures.
9