New York Times Highlights Impact of ACT Fly In

May 22nd, 2013 | Jonathan Godfrey

We had a very effective two days of Fly In meetings and briefings with the White House, Congress, and FTC. And according to the New York Times, ACT lobby efforts in the Senate helped push tech amendments to the immigration bill over the finish line.

“The agreement represents a win for the high-tech industry, and comes on the heels of intense lobbying by the industry. The Association for Competitive Technology, a trade group, sent 50 executives and application developers to Washington on Monday and Tuesday to meet with lawmakers, including members of the Judiciary Committee.”



New York Times

Immigration Overhaul Wins Panel’s Backing in the Senate

ACT Members Coming to DC for Annual Fly In Event

May 18th, 2013 | Jonathan Godfrey

On Tuesday, fifty tech CEOs and app makers from across the country travel to Washington to meet with officials in the White House, Congress, and the FTC to advocate for Immigration, STEM, and privacy issues.  They will be taking part in the Association for Competitive Technology’s (ACT) Washington Fly-In, an annual event for tech companies to promote policies that allow small business technology companies to innovate and grow.

ACT members are coming to Washington to ensure lawmakers and regulators hear the voices of small business tech companies.  The pace of innovation is remarkable, but that could change suddenly with overreaching legislation or regulation. Our members will meet with their elected representatives to tell the story of their companies’ success and what they need (and don’t need) to continue to grow and create jobs.

Specifically, ACT members will advocate for solutions that:

  • Implement a program to provide students with the computer science education that will help them qualify for rewarding careers in the tech industry. This will foster growth in our U.S. software development workforce where chronic labor shortages persist;
  • Fund STEM education initiatives through increased fees from H-1B visas and green cards. This addresses the short-term urgency to find high skilled workers while laying the groundwork to grow the U.S. high skilled technology workforce;
  • Allow internet companies to implement new solutions for data transparency; Congress should resist the urge to apply broad regulatory restrictions that would deny consumers many of the products and services they rely on every day;
  • Allow small software companies to protect their intellectual property without having to fight patent trolls and speculative lawsuits; and
  • Ensure that the government does not impede efforts to strengthen and expand our internet infrastructure so consumers can benefit from more reliable mobile and fixed data connectivity.

These are issues the federal government is facing. ACT members are looking forward to meeting with their elected officials and others in Washington to educate them about the technology industry so they can make the right decisions about our future. Hopefully, an informed Congress will allow small tech companies to continue to flourish.

ACT 4 Apps, AG Kamala Harris, and UC Hastings Present Future of Privacy+Innovation

April 5th, 2013 | Jonathan Godfrey


ACT 4 Apps, California Attorney General Kamala Harris, and the University of California Hastings have joined together to present the Future of Privacy+Innovation – a conference exploring the evolving privacy framework impacting the app marketplace. Recent changes in the regulatory environment are requiring developers to meet new privacy standards for notice and transparency. Wednesday’s conference will address developers’ questions and concerns with guidance from top government officials like California Attorney General Kamala Harris and the FTC’s Laura Berger; industry leaders including Facebook, TRUSTe, Mozilla, and ACT 4 Apps; consumer advocates EFF; and other privacy experts. The Future of Privacy+Innovation conference is the latest effort by ACT 4 Apps to ensure app makers understand their responsibilities regarding user privacy and possess the necessary resources to meet them.

Future of Privacy+Innovation Conference

Wednesday, April 10, 2013, 9am – 3:30pm PDT
Runway Workspace: 1355 Market Street #488, San Francisco, CA 94102
REGISTER: http://futureofprivacyinnovation2013.eventbrite.com

AGENDA:

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ACT Honored to be Stakeholder Participant in the Congressional Creative Rights Caucus

March 20th, 2013 | Jonathan Godfrey

ACT applauds Representatives Howard Coble and Judy Chu for establishing the new Congressional Creative Rights Caucus. We are honored to be invited as a stakeholder participant and fully support the organization’s mission to preserve and protect the rights of the creative community.

As content is increasingly accessed on mobile devices, we are faced with new concerns about copyrighted material. The app marketplace has emerged as an amazing economic force creating over 500,000 jobs since its inception five years ago. Innovation is taking place at a rapid pace, but the steep rise in app piracy threatens to stunt the development of the mobile economy. We look forward to working with the Congressional Creative Rights Caucus and other stakeholders to address this issue and other concerns facing creative industries.

ACT Member Happtique Alerts Congress to mHealth Opportunities and Challenges

March 19th, 2013 | Morgan Reed

Happtique CEO Ben Chodor

Today the House Energy and Commerce Committee addressed technology innovation that will change people’s lives. Advances in mobile technology are revolutionizing patient access to health care information. With a smartphone or tablet connected to a medical device, patients can measure their blood pressure, glucose levels, and other vital statistics at home and transmit them regularly to their physician. This allows doctors to track conditions that require frequent monitoring like hypertension, diabetes, and sleep apnea. With more diagnostic data, doctors can spot the early signs of adverse conditions and take preventive measures to improve health outcomes.

ACT member Happtique was invited to testify at today’s hearing based on its leadership in the mobile medical app community. Founded by the Greater New York Hospital Association, Happtique created the Health App Certification Program to review and certify apps that physicians can prescribe.  We provided guidance in this effort and were pleased that Happtique found ACT’s assistance critical.

Happtique’s efforts to make the benefits of mobile medical apps more widely available depends heavily on users’  confidence and trust. Requiring apps to be tested by medical professionals and ensuring they meet strict guidelines for accuracy and privacy is important for the success of the mHealth marketplace. We are pleased to support Happtique’s work to meet these standards and share the position expressed today by CEO Ben Chodor that regulatory clarity from the FDA is urgently needed for mobile health apps to succeed.

Learn more about ACT member Happtique’s Health App Certification Program.

Pi Day highlights need for more computer science education

March 14th, 2013 | Morgan Reed

ACT has long held March 14th as a special day on the calendar. As the need for math and science education becomes more apparent, many have joined us in recognizing the date as Pi Day. In the tech industry, we are particularly sensitive to our country’s shortcomings educating students in these subjects. Math and science classes provide the building blocks of learning for future engineers and software developers who are crucial for our industry’s growth.

The median salary for a software developer now exceeds $90,000. Our nation’s classrooms should be producing graduates capable of pursuing the degrees needed for these jobs. Sadly, that is not happening. Tens of thousands of high-paying tech jobs remain unfilled because our country is not graduating enough engineers and computer scientists to qualify for these positions.

In order for the United States to retain its competitive edge in the tech industry, we need to rely less on students from abroad and more on homegrown talent. That will only happen if we make significant improvements in math, science, and computer education. Congress earlier recognized the importance of these curricula when it passed a Pi Day resolution. What’s now needed is a far greater commitment to improve education of these core subjects in our nation’s schools.

Giving patent trolls a downside

March 7th, 2013 | Mike Sax

I live and work in Eugene, Oregon. We have a small but vibrant software industry here, and along with other software companies up in Portland we are collectively making an Oregonian dent in the universe.

A problem that costs real jobs
Two years ago our local congressman, Peter DeFazio, visited a software company in Eugene, Oregon and learned the company had been attacked by a patent troll. Patent trolls are entities that abuse the patent system by threatening hundreds of small businesses with legal action without even checking if products truly infringe on a patent. Most of the target companies end up paying the “license” fee rather than going through a lengthy and expensive litigation process, even if the patent doesn’t even remotely apply to their products.

The company visited by Rep. DeFazio wanted to hire more developers but concerns about potential patent litigation forced them postpone the hiring process. It became painfully obvious that patent trolls are not just a problem for big companies but that small businesses are especially vulnerable too. In this case the problem of patent trolls was costing real jobs.

The solution: give patent trolls a downside
DeFazio went back to DC and came up with a very simple, surgical solution to minimize the havoc caused by these abusers of the patent system: Disincentivize trolls by empowering judges to make plaintiffs liable for the legal expenses of the defendants if the suit had no realistic chance of winning.

That will make a patent troll will think twice before adding a company to the list of parties to sue: if the court finds the developer did not infringe, the court can order the troll to pay for the legal expenses of the developer. OR if a court finds the plaintiff is a troll, they can require them to pay a bond that will be used to pay for the legal expenses of the developer if the developer wins.

Proud to be part of the solution
In May of last year, ACT Members — app developers and software entrepreneurs from all over the country — were flying into Washington DC for our annual ACT Policy Summit. We spent the first day on policy discussions and explorations. The next day we shared our real-world experience with tech policy in over one hundred meetings with policy makers on Capitol Hill.

During one of these meetings I met with Rep. DeFazio along with two of my friends and colleagues: one was part of a brand new, fast growing software company in Eugene, and another had just received a threat by a patent troll. Needless to say, it was a very productive meeting with lots of sharing of both specifics and personal experiences. We were all very encouraged and proud that Rep. DeFazio had decided to tackle a problem that was important to us.

The initial version of the SHIELD Act was introduced a few months later, in August 2012 as a bipartisan bill that was co-sponsored by Rep. Jason Chaffetz. The legislative process often moves in slow and mysterious ways: while the bill didn’t get an immediate vote, we were optimistic that Congress would eventually address the patent troll problem. I met with Congressman DeFazio again in Eugene during the congressional recess and shared (overwhelmingly positive) feedback on the bill from ACT members. Over time, the SHIELD Act was fine-tuned and support for the bill has grown across the industry.

Almost There
A few days ago, Rep. Peter DeFazio and Rep. Jason Chaffetz introduced the new version of the SHIELD Act. The bill is receiving widespread industry support and positive reactions. We’re excited about this simple and creative approach to address a complex problem that too many of ACT member companies have faced first-hand. Please let your member of Congress know that you support this bill.

Could Your Smartphone Save Your Life?

February 28th, 2013 | Morgan Reed

Appears Also at Huffington Post

It sounds like something too far-fetched even for Grey’s Anatomy: In the middle of a cross-country flight, a passenger suddenly convulses in pain. Responding to the pilot’s urgent call over the intercom, a doctor on the plane pulls out his smartphone, attaches a heart monitor and makes an instant diagnosis: It’s a heart attack.

Based on the doctor’s recommendation, the plane makes an emergency landing and the patient is rushed to a nearby hospital. He survives.

That real-life incident, featured this year on NBC News’ Rock Center, offers a glimpse of the potential for medical apps. We have already grown accustomed to hearing that there’s an app for everything, but advances in mobile technology are about to radically transform health care.

The incident on the plane is only half the story. A smartphone connected to a medical device can allow you to monitor your health outside the doctor’s office — and that’s amazing. But what makes medical apps truly revolutionary is that they use internet-enabled smartphones and tablets to connect us directly to our family physicians and medical professionals. Patients can now measure their blood pressure, glucose levels, and other vital statistics at home and transmit them daily to their physician.

Receiving these diagnostic measurements remotely, a doctor can track conditions that require frequent monitoring like hypertension, diabetes, and sleep apnea. It is also valuable for patients that need extra attention such recent stroke victims or those who suffer from neurological diseases such as multiple sclerosis, Parkinson’s, or dementia. Mobile health apps can also connect physicians with those in underserved communities, remote areas, or with limited mobility for whom office visits are difficult and occur infrequently. With more diagnostic data, doctors can spot the early signs of adverse conditions and take preventive measures to improve health outcomes.

Recognizing these opportunities, the President launched the White House Health Design Challenge, a competition held to challenge designers to reimage healthcare records. The winner, a mobile and desktop product called Nightingale, takes complex patient data (medical history, allergies, current medications, immunizations) and displays this vital information in an intuitive, easy-to-digest format. The Department of Veterans Affairs has already committed to use this app to assist in the treatment of its 6 million patients.

Advances like these, making health care information more accessible to patients, are possible because of the remarkable growth of the smartphone. No technology has ever been so rapidly adopted. Not the car, computer, electricity, microwave, or the internet. In less than a decade, more than half of U.S. mobile phone users have adopted smartphones — they now carry a powerful computing device in their pocket or purse that has constant internet connectivity.

With over a million apps created to use this as a vehicle for wireless broadband, internet usage has exploded. Mobile data traffic rose by 70 percent in 2012 and is expected to grow to eleven times today’s level within four years. Americans are now communicating in entirely different ways than we did just a decade ago, and our nation’s resources are strained trying to meet the massive demand of merged voice and data traffic.

Fortunately, innovation and investment in the future of our telecommunications infrastructure has been very active during this period of growth. What has emerged as the next generation solution is an internet-protocol (IP)-based infrastructure that treats all communication as data.

The IP-based network greatly improves performance by more efficiently managing traffic for existing services while providing scalability to meet the demands of future growth. Internet protocol networks can be modified, offering the flexibility needed to adapt to innovation and new technologies. Functions and features can be added without the need for new infrastructure.

As the results of the White House initiative demonstrate, mobile health care and telemedicine are still in their relative infancy. But its potential to dramatically improve health outcomes is clear — just ask the stroke victim on the plane. What will be critically important for these services to succeed on a large scale — improving patient care and physician resources — is a stable, reliable communications infrastructure. To ensure this happens, and to accommodate the massive growth in voice and data traffic projected far into the future, it is essential we make the transition from legacy voice-centric networks to those that are internet protocol-based.

The only thing that could stand in the way of making these crucial updates is Washington. Laws written in the 1930s establishing the regulation of communications services have been suggested as a guide for IP-based networks. Unfortunately, these are ill-suited for today’s data networks that transmit voice, video, email, and health information every day.

While our telecommunications services have evolved, our nation’s regulatory system has not. Internet protocol is an entirely different mode of transmission than the drafters of the 1930s legislation envisioned. Embracing this new technology will be critical to ensure our communications infrastructure is capable of handling the growth that emerging technologies require. We’ve already seen a medical app save one life. Ensuring a stable network to allow mass adoption of these services would have a profound impact on many more.

ACT Joins Forces with Parents App Group to Create ACT 4 Apps|Kids

February 4th, 2013 | Morgan Reed

The Association for Competitive Technology (ACT) is proud to announce the launch of its newest initiative, ACT 4 Apps|Kids; a partnership between ACT and the Parents With Apps community to create industry-leading developer resources for family friendly app makers.

Parents With Apps is an informal group of mom and dad app developers founded – originally as Moms with Apps – to create and promote educational apps they would approve for their own children. Its members are parents first and developers second, a priority that led Parents With Apps to set a high bar for educational content and children’s privacy standards.

ACT’s expertise on privacy issues and its leadership within the app community led Parents With Apps to seek its support to develop privacy measures. The two years that followed were a productive period as the organizations’ collaboration resulted in highly acclaimed initiatives identifying industry best practices, promoting developer education, and producing the first developer-created short form privacy policy – the Kids App Privacy Icons. On Friday, the FTC praised this work in its Mobile Privacy Report highlighting the privacy badge that “combines icons and limited amounts of text” as a model for the industry noting, “Commission staff encourages this kind of innovation.”

The new ACT 4 Apps|Kids initiative will:

  • Commit resources for creating or identifying COPPA-compliant tools for children’s education app developers.
  • Promote the growth of educational apps, particularly with the move toward One-to-One programs, ensuring that developers can meet or participate in education attainment standards such as Common Core.
  • Provide a forum for software firms to share best practices, track trends, standardize designations for software privacy.
  • Identify standards of online applications aimed at children globally through networking, education, promotion, templates, tools, registration, and certification.
  • Facilitate communication between ACT industry partners and app developers to provide education and guidance on new opportunities.

“ACT is thrilled to join forces with Parents With Apps to create a home for family friendly kids app makers,” said ACT executive director Morgan Reed. “Parents find that their children grasp new concepts more easily on the touchscreens of tablets and smartphones. The intuitive design of these devices makes them accessible to young children who are increasingly engaged by the simple interactivity of education apps. We are proud to launch ACT 4 Apps|Kids to assist developers seeking to build innovative educational resources for mobile devices while meeting high standards for content and child privacy.”

“In a highly regulated environment, kids app developers need a trusted source to turn to,” said Lorraine Akemann of Moms With Apps. “This new organization will help app makers put family first by designing products with privacy in mind. Creating apps for children is about to become the ‘new’ new thing, and I’m thrilled to be a part of it.”

“By joining forces with ACT, Parents With Apps has the resources and the capacity to provide independent developers proper guidance in a highly regulated environment, and to provide a pathway to turn their ideas into marketable products while minimizing the risk of unintentional legal missteps,” said Scott Weiner of Parents with Apps.

For more information about charter member companies and to keep updated on ACT 4 Apps|Kids events and activity visit us at http://ACT4apps.org/kids.

FTC Mobile Privacy Report Praises ACT and Moms With Apps

February 1st, 2013 | Morgan Reed

The FTC’s Mobile Privacy Report included recommendations for trade associations representing app developers and identified much of the area in which ACT has provided industry leadership. Recently we announced the launch of our ACT 4 Apps initiative (supported by Apple, Facebook, Microsoft, PayPal, Verizon & AT&T) to address developer education identified by the FTC as an important responsibility for app trade associations. We are pleased the Commission recognized our successful work in this area and look forward to contributing more resources to help app developers meet these privacy guidelines.

ACT is pleased that the Commission highlighted the privacy dashboard as a preferred means to inform users about data usage in a format accessible to smartphone users. It is time we moved past long privacy policies that are seldom read and give consumers the information they want in a way that they are best able to digest. The FTC’s recommended dashboard model received high praise at the NTIA privacy multistakeholder meetings when ACT demoed its version.

The Commission’s recommendation to make privacy policies a requirement for apps is a sensible step and one that ACT has been advocating to its members for some time. Additionally, we share the FTC’s concern that developer education is a very important element in this process. To ensure that privacy information is presented to consumers in a thorough manner will require outreach to the developer community about best practices, rules guidelines, with tools to display this information easily.

ACT was also glad to see that the FTC recognized the great work of Moms With Apps helping to create the privacy icons and promoting their adoption. In the Commission’s words [Report PDF]:

The MWA badge, which combines icons and limited amounts of text (e.g., “No Ads” or “Has In-App Purchases”), was originally conceived to provide information to parents about five areas: (1) whether an app collects or shares data; (2) whether an app contains advertising; (3) whether any purchases can be made within the app; (4) whether an app shares information with social networks; and (5) whether an app includes external links to other websites. Since the workshop, the badge has undergone additional refinement and now includes additional data fields, such as the recommended minimum age for an app. Commission staff encourages this kind of innovation.

ACT had two areas of concern, however, with the report’s guidance. The recommendation that platforms provide reports about the scanning they do for privacy in a curated store could actually backfire. Stores may opt to do less or no privacy scanning of apps if they perceive a liability risk created by this report. This would not be a good outcome for app makers or consumers. Additionally, the report relies on a technology snapshot and may not represent where the industry appears to be headed: offering better consumer controls and data isolation.