Statements

(Brussels) 16 June 2020 – Today, ACT | The App Association released a statement from chairperson and founder Mike Sax on the European Commission’s decision open investigations into Apple’s App Store rules.

“We note the opening of the investigation and would like to underline to the European Commission the fact that the App Store makes it possible for thousands of small European developers to easily create and distribute their products and services worldwide, to the benefit of consumers. The store provides quality, security, and better user experience, essential for SMEs such as our members to build consumer confidence.

“The App Store has seen tremendous success and innovation from small app makers because every developer is treated the same way, no matter their size, putting smaller developers on a level playing field with the big brands. Making exceptions for larger players with more bargaining power would distort competition and lead to higher costs for small developers. The app ecosystem works because everyone is part of it, and we will work to make sure the Commission hears the voice of small app makers, and not just big brands, so companies of all sizes can continue to thrive in the App Store”

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For follow-up questions please contact:

EU: Morgane Taylor

ACT | The App Association

[email protected]

+32 (0) 4 84 41 82 58

US: Ashley Durkin-Rixey

ACT | The App Association

[email protected]

+1 (202) 420-7488

 About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) June 9, 2020– Today, ACT | The App Association released a statement from president Morgan Reed regarding the Federal Communications Commission’s (FCC) adoption of a 5G Upgrade Order to speed deployment of next-generation wireless networks:

“We applaud the FCC for today’s adoption of the 5G Upgrade Order proposed by Commissioner Brendan Carr. The next generation of internet connectivity will pay huge dividends to the American workforce and open new opportunities for our members in the dynamic app developer community and for internet of things (IoT) innovators. Apps provide the vital interface and ‘middleware’ for IoT devices and our members are driving new capabilities in connected healthcare devices, connected cars, precision farming, and more. We thank Commissioner Carr for his leadership on this issue and will continue to work with the FCC on connecting more Americans, especially at this critical time.”

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 For follow-up questions please contact:

Ashley Durkin-Rixey
ACT | The App Association

[email protected]

+1 (202) 420-7488

 About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) May 19, 2020– Today, ACT | The App Association released a statement in response to remarks made by U.S. Attorney General Bill Barr regarding refusal by technology companies to limit or end the use of encryption in law enforcement proceedings:

“Attorney General Barr’s categorization of encrypted technology as nothing more than a shield for criminals of the worst kind is fundamentally wrong. During the COVID-19 crisis, regulators and policymakers repeatedly underscored the need for communications services and apps to protect consumer privacy through encryption as we increasingly rely on technology to facilitate working and learning online. We cannot simply pick and choose when the use of encryption is okay and when it needs weakening for law enforcement without putting millions at risk.

“Our members use encryption to protect everything from financial transactions to the sharing of health data between care providers. Without strong encryption, millions of digital information exchanges are vulnerable to cyberattacks, identity thieves, and other bad actors looking to exploit personal information for their own gain. This is a risk our members will not take and will continue to fight to protect their customers’ privacy via encryption.”

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 For follow-up questions please contact:

Ashley Durkin-Rixey
ACT | The App Association

[email protected]

+1 (202) 420-7488

 About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) April 23, 2020 – Today, ACT | The App Association released a statement from president Morgan Reed regarding the Federal Communications Commission’s (FCC) vote to authorize a Report and Order to make unlicensed operations available in the 6GHz spectrum band.

“We applaud FCC Chairman Ajit Pai and the Commissioners for today’s unanimous vote to allow unlicensed use in the 6GHz band of spectrum. The current COVID-19 crisis is illuminating the need to enable better use of spectrum to connect Americans to services such as online learning, telehealth, and remote work. Today’s order is a significant step forward that will benefit our members who create apps for these services and the growth of the app economy as a whole.”

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 For follow-up questions please contact:

Ashley Durkin-Rixey
ACT | The App Association

[email protected]

+1 (202) 420-7488

 About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organisation members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) April 17, 2020– Today, ACT | The App Association released a statement from president Morgan Reed regarding the introduction of the Eliminating Barriers to Rural Internet Development Grant Eligibility (E-BRIDGE) Act:

“Historically, economic development authorities at the federal, state, and local levels focus on roads, buildings, and other kinds of traditional infrastructure development to ensure they can attract job creating industries. But in 2020, a key ingredient for economic development in the United States is the availability of robust broadband deployment.

“App Association members are part of a $1.7 trillion industrial sector supporting 5.9 million jobs, and strong, reliable broadband connections are central to their ability to grow roots and create jobs in cities and towns all across the nation. Our member companies believe the federal government should pursue an all-of-the-above strategy when it comes to broadband, including the use of television white spaces (TVWS), an unlicensed model that leverages underutilized parts of the television band to reach Americans who otherwise lack access.

“This legislation will ensure that economic development organizations, in public-private partnerships or through consortia, can use Economic Development Administration grant funds to support broadband deployment, including TVWS. With the sudden and likely persistent increased reliance on broadband for work, education, and healthcare due to the COVID-19 pandemic, we urge lawmakers to support this measure and advance it as quickly as possible.”

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 For follow-up questions please contact:

Ashley Durkin-Rixey
ACT | The App Association

[email protected]

+1 (202) 420-7488

 About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organisation members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) April 1, 2020 – Today, ACT | The App Association released a statement from president Morgan Reed regarding the Federal Communications Commission’s (FCC) release of a draft Report and Order to make unlicensed operations available in the 6GHz spectrum band.

“We applaud FCC Chairman Ajit Pai and the Commissioners for today’s action to allow unlicensed use in the 6GHz band of spectrum. The FCC’s forward-thinking approach to enable more good use of spectrum will benefit the app economy, our members and the customers they serve, and communities everywhere.”

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 For follow-up questions please contact:

Ashley Durkin-Rixey
ACT | The App Association

[email protected]

+1 (202) 420-7488

 About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organisation members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(BRUSSELS) March 10, 2020

« We welcome the European Commission’s new strategy dedicated to small and medium sized (SMEs) to ensure innovative SMEs such as our members can thrive and scale-up.

« In particular, we appreciate the focus on enabling the digitalisation of European SMEs and commitments to reduce regulatory barriers for these in the Single Market.  By building apps, connected devices and software, our members are at the heart of this transition.  Mobile devices are accessible for everyone, in every corner of the European Union and our members enable European businesses across all sectors to make the most of the digital opportunities, help them operate more efficiently and connect with their customers.

« We are confident that the proposed measures will help to ensure a functioning Single Market and generate more legal predictability, allow SMEs to focus their time and resources on improving their products and services rather than regulatory compliance.

« We appreciate the Commission’s intellectual property (IP) action plan to strengthen SMEs’ capacity to benefit from their IP. A strong intellectual property framework is essential for App Association members’ success and continued innovation in the digital economy.  The regulatory framework governing IP must not only remain accessible to SMEs but also strike a fair balance between the obligations of rights holders and service providers to detect infringement and appropriate actions in response to it.

« With this strategy the European Commission addresses a variety of very important issues for SMEs such as access to markets and finance, taxation and stock options.  We believe that this strategy is a good step to promote innovation and to create more successful SMEs in Europe.  We look forward to working with the European Commission on the policy details of the strategy and to bringing the voice of app developers to the conversation. »

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 For follow-up questions please contact:

Ashley Durkin-Rixey
ACT | The App Association

[email protected]

+1 (202) 420-7488

 

Morgane Taylor
ACT | The App Association

[email protected]

+32 (0) 4 84 41 82 58

 About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organisation members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) March 5, 2020 Today, ACT | The App Association released a statement from president Morgan Reed regarding the introduction of Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act:

“Stopping child sexual abuse material (CSAM) online is an important issue for tech companies and law enforcement alike. However, EARN IT does not address a major obstacle facing many of the law enforcement agencies working to stop the proliferation of CSAM and would likely degrade critical security capabilities. Law enforcement agencies often lack the financial and personnel resources necessary to assess digital evidence and prosecute these crimes, and this bill fails to provide these needed funds. And by pushing platforms to surveil private communications between users, EARN IT puts platforms’ ability to use strong encryption at serious risk.

“Our members use strong encryption to protect bank transactions, healthcare information, and the privacy of vulnerable populations such as victims of domestic violence or the LGBTQ+ community. Law enforcement backdoors and weakened encryption will not miraculously reduce crime. Instead it will leave Americans’ private information more vulnerable to bad actors.”

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For follow-up questions please contact:
Ashley Durkin-Rixey
ACT | The App Association
[email protected]
+ (202) 420-7488

About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(Brussels) February 19, 2020 – Today, ACT | The App Association released a statement on behalf of founder and chairperson Mike Sax regarding the European Commission’s Communication ‘Shaping Europe’s Digital Future’:

“We welcome the European Commission(EC)’s ambitious strategy to make Europe a key global digital player and applaud commitments to make opportunities available in every EU country as demonstrated by Commissioner Vestager statement: “We want every citizen, every employee, every business to stand a fair chance to reap the benefits of digitalization.” Our members build apps, devices and software in all European countries and app makers everywhere in the European Union will benefit from the Commission’s efforts in this area.

“In particular, we appreciate the emphasis on European small and medium enterprises (SMEs) in the announced proposal for an industrial strategy package. This ensures that innovative SMEs such as our members can thrive and access markets and financing to grow and scale-up. We hope that the EC will further develop a dedicated SME strategy in the near future to further foster the health of the digital ecosystem.

“With this strategy, the European Commission demonstrates its willingness to lead in setting out a robust legal framework in the digital sector.  In the context of regulating the digital ecosystem, each case must be assessed carefully so that the Commission can avoid rules that favour larger companies or unintentionally affect SMEs disproportionately.  We believe an evidence-based policy approach that understands the nuances and diversities of the app economy and promotes innovation and economies of scale is key to creating SME success stories in Europe.

“We look forward to working with the European Commission and to bringing the voice of app developers and tech SMEs to the debate for the creation of flexible and fit-for-purpose policies.”

 

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For follow-up questions please contact:
Ashley Durkin-Rixey
ACT | The App Association
[email protected]

+1 (202) 420-7488

 

Morgane Taylor
ACT | The App Association
[email protected]

+32 (0) 4 84 41 82 58

About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) February 6, 2020– Today, ACT | The App Association released a statement from president Morgan Reed in response to a speech by United States Attorney General Bill Barr regarding China and 5G networks:

“U.S. Attorney General Bill Barr and the Trump administration are right to be concerned about China taking over the 5G infrastructure business, but the solution isn’t to prop up European companies. We need to unleash the unparalleled innovation capacity of America into this market, long held back by the blatantly anticompetitive practices of Qualcomm. AG Barr can take concrete steps to ensure America’s economic and national security in our 5G future by immediately ending the Department of Justice’s support of Qualcomm’s anticompetitive conduct, including the DOJ’s intervention in the Federal Trade Commission’s antitrust against Qualcomm.”

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For follow-up questions please contact:

Ashley Durkin-Rixey
ACT | The App Association
[email protected]
(202) 420-7488

About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) February 5, 2020 – Today, ACT | The App Association released a statement on behalf of president Morgan Reed regarding the Federal Communication Commission’s (FCC) draft Notice of Proposed Rulemaking regarding television white spaces (TVWS):

“We applaud the FCC for its draft Notice of Proposed Rulemaking (NPRM) on this positive use of the TVWS spectrum as an option for the 20 million Americans who lack access to broadband connectivity. If adopted, the proposal will take a significant step toward resolving outstanding issues impeding TVWS technology such as allowing connectivity to mobile platforms, narrowband applications such as sensor-driven smart agriculture, and acceptable power levels in less congested areas.

“Our members’ innovative applications and services—from smart agriculture to connected health— require the high speed, reliable broadband connections TVWS can provide to their businesses and customers. The NPRM brings us one step closer to realizing a connected future for all Americans no matter where they live. We thank the FCC for continuing to pursue all options to close the digital divide and look forward to working with the Commission and its staff.”

– –

For follow-up questions please contact:

Ashley Durkin-Rixey
ACT | The App Association
[email protected]
(202) 420-7488

About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) January 8, 2020– Today, ACT | The App Association released a statement from president Morgan Reed regarding the Federal Communication Commission’s (FCC) announcement of a final vote for the Rural Digital Opportunity Fund:

“Today’s announcement by the FCC regarding the January meeting vote to establish the Rural Digital Opportunity Fund is a significant milestone in the Commission’s ongoing commitment to close the digital divide. Our members’ innovative applications and services—from smart agriculture to connected health— require the high speed, reliable broadband connections emphasized in this draft rule.

“Enabling funding for fixed wireless and other broadband technologies in rural areas is a forward-looking investment that will have meaningful outcomes for our small business members and the consumers they serve in states like Mississippi, Louisiana, and West Virginia. We look forward to continuing to work with the Commission on expanding broadband access for all Americans.”

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For follow-up questions please contact:

Ashley Durkin-Rixey
ACT | The App Association
[email protected]
(202) 420-7488

About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) December 19, 2019– Today, ACT | The App Association released a statement from president Morgan Reed regarding a new policy statement from the U.S. Department of Justice (DOJ), U.S. Patent and Trademark Office (USPTO), and the National Institute of Standards and Technology (NIST) regarding remedies for standard-essential patents (SEPs) subject to voluntary fair, reasonable, and nondiscriminatory (F/RAND) commitments:

“We are disappointed today’s policy statement from DOJ, USPTO, and NIST does not go far enough in protecting small businesses from abusive SEP licensing behavior. We appreciate the reinforcement of the Supreme Court’s eBay standard, which accounts for the extraordinary impacts of SEP injunctions before awarding them. We will continue our advocacy before these agencies on behalf of our thousands of small business members to ensure a competitive environment that supports innovators in developing software and other technologies that rely on open standards.”

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For follow-up questions please contact:

Ashley Durkin-Rixey
ACT | The App Association
[email protected]
(202) 420-7488

About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) November 6, 2019– ACT | The App Association released a statement from president Morgan Reed on Apple’s announcement of a new privacy-focused website and materials suite:

“Apple is at the leading edge of privacy with its mobile operating system, iOS, and devices. Both the website and materials released today offer a transparent look at Apple’s privacy-focused approach to engineering at both the iOS and native app level. Developers and consumers alike benefit from an approach that combines data security and ease of use. Sign in with Apple, for example, provides cross-platform developers a secure alternative to other single sign-ons, like Facebook.

“No facet of the app ecosystem is immune to consumer concerns about privacy, and Apple holds itself and third-party apps to a high standard. As app developers navigate a complex landscape of new legislation and regulatory action, we must continue to find novel approaches to meeting privacy expectations while allowing ourselves to do what we do best—innovate.”

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For follow-up questions please contact:

Ashley Durkin-Rixey
ACT | The App Association
[email protected]
(202) 420-7488

About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) October 18, 2019– ACT | The App Association released a statement from president Morgan Reed regarding today’s House Judiciary Antitrust Subcommittee Hearing on Online Platforms and Competition:

“On behalf of our 5,000 small business members across the world, we want to clear up some recent miscategorizations of the relationship between app developers and platforms. We make cross-platform apps for cross-platform people. Neither apps nor app stores are ‘the internet,’ and no app platform/store is equivalent to an internet browser. A $1.7 trillion economy isn’t built on a few app stores alone, but many such as Apple’s App Store, the Google Play Store, Samsung’s Galaxy Store, and the Microsoft Store. New technologies like HTML5 and cloud-based apps, and niche platforms for enterprise and digital health allow our members to find customers wherever and however they can.

“Governments impose taxes and regulations. Companies charge fees to provide the services a single developer needs to reach and manage five million customers worldwide and compete with the biggest names in the larger app market.

“Statements like those from Commissioner Chopra and Senator Hawley inject false equivalencies into the important conversation around app developers and platforms. Creating uncertainty about what developers and platforms actually do chips away at the trust consumers place in our members.”

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For follow-up questions please contact:

Ashley Durkin-Rixey
ACT | The App Association
[email protected]
(202) 420-7488

About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

Berlin, October 1st 2019 – Companies at the forefront of the Internet of Things (IoT) met with policymakers, academics and patent lawyers in Berlin on Monday to support much needed reforms to the rules governing the licensing of standard essential patents (SEPs), underway in Germany at the moment.

The half-day workshop entitled: German Leadership in Standard Essential Patents & FRAND Licensing, included executives from several industries involved in the development of IoT technologies, including the auto and auto parts sectors.

Discussion focused on two core areas in the SEP legal and policy space: proportionality in how courts resolve patent disputes through injunctions and alternative remedies, and discrimination against willing licensees. Both topics are being examined by German policymakers and in German courts, by European Commission antitrust officials, and by other policymakers and courts around the world.

“As the world accelerates towards realizing 5G technology, technical standards will increasingly underlie the development of a seamless internet-connected world commonly termed the IoT,” said Brian Scarpelli, Senior Global Policy Counsel for ACT | The App Association, which hosted the event.

Germany, Europe’s economic powerhouse and by far its leading member state in terms of the number of patents filed, will play a pivotal role in steering Europe’s SEP licensing landscape, Mr Scarpelli said.

“There is growing consensus that in order to prevent SEP holders from holding up the roll-out of IoT innovations, Germany must improve its patent system. We strongly endorse such reform,” he said.

“Germany has a golden opportunity to re-shape the law to better suit the 5G/IoT era and to position it and the EU as a policy leader. Steps should be taken to preserve proportionality in remedies and transparency in SEP licensing negotiations for all parties,” he added.

The App Association co-founded an effort to develop SEP licensing best practices, which resulted in their release in June. These best practices are designed to help licensors and licensees negotiate licenses that honour the Fair, Reasonable and Non-Discriminatory (FRAND) principles that underpin SEPs. The guidelines, called: CEN-CENELEC Workshop Agreement 95000 “Core Principles and Approaches to Licensing Standard Essential Patents”, were presented at the meeting in Berlin.

As a next step, the App Association will be publicly issuing a rapporteur’s report on Monday’s meeting, summarizing key discussion points and making recommendations on next steps to advance innovation and fairness in SEP licensing policy and law.

The App Association represents over 5,000 SMEs located around the world, including many firms working on the frontline of IoT development. More information is available at www.actonline.org.

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For follow-up questions please contact Paul Meller, in charge of App Association communications in Europe:  +32 497 3322966

About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) August 23, 2019–Today, ACT | The App Association released a statement from president Morgan Reed in response to the federal appeals court ruling that granted a partial stay of the sweeping antitrust judgement against Qualcomm.

“It’s a disappointing decision, but we’re confident that the courts will see through the absurdity of Qualcomm’s arguments in the end. Qualcomm has run a decades-long anticompetitive bait-and-switch scheme that has decimated the American wireless equipment industry and gift-wrapped the 5G market for China. Despite the company’s assertions, Qualcomm’s anticompetitive scheme is the single greatest threat to America’s 5G ambitions and the national security concerns raised by ceding 5G to China.”

Contact:Mark Blafkin

Vrge Strategies

[email protected]

(202) 255-8325

About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) June 11, 2019–Today, ACT | The App Association released a statement from president Morgan Reed regarding a comment filed with the Federal Communications Commission (FCC) on a Microsoft request for rulemaking regarding television white spaces (TVWS):

“Our member companies make innovative devices and applications across all sectors—from smart agriculture to connected health—that require strong, reliable broadband connections by any means available. However, it is difficult to bring these technologies to market in some areas of the country lacking broadband access. Use of TVWS, along with 5G, will allow these small businesses to grow and contribute to local economies. We urge the FCC to grant Microsoft’s request for rulemaking on TVWS to demonstrate the Commission’s continued commitment to closing the digital divide.”

Contact: Ashley Durkin-Rixey
ACT | The App Association
[email protected]
(202) 420-7488

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About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) May 29, 2019– Today, ACT | The App Association released a statement from president Morgan Reed regarding the Federal Communication Commission’s (FCC) release of its 2019 Broadband Deployment Report:

“The FCC’s report underscores its commitment to bring broadband access to all Americans in a timely fashion. We are pleased to see the Commission continue to drive policy solutions in order to narrow the digital divide, including 5G deployment, use of television whitespaces, and improving the accuracy of broadband mapping data.

Our member companies make innovative devices and applications across all sectors—from smart agriculture to connected health—that require strong, reliable broadband connections by any means available, especially in rural communities where fiber lines can be prohibitively expensive. We urge the Commission to continue exploring all possible solutions to connect the nation.”

Contact: Ashley Durkin-Rixey
ACT | The App Association
[email protected]
(202) 420-7488

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About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) May 15, 2019– Today, ACT | The App Association released a statement from president Morgan Reed regarding the announcement of the Christchurch Call, a public and private initiative designed to reduce extreme violence and terrorist content from the internet.

“The Christchurch Call is an important first step in moving beyond words and establishing concrete actions to reduce violent and terrorist content in online platforms, while preserving a free and open internet. We commend Microsoft and other major technology companies for increasing their collaboration with governments around the world on this pressing issue.”

Contact: Ashley Durkin-Rixey
ACT | The App Association
[email protected]
(202) 420-7488

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About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) May 13, 2019– Today, ACT | The App Association released a statement from president Morgan Reed regarding today’s decision by the U.S. Supreme Court to uphold the 9th Circuit’s decision in the matter of Apple v. Pepper:

“We are extremely disappointed in the decision from the U.S. Supreme Court to reward trial lawyers rather than developers. Platforms of all kinds have provided three key benefits for developers—trust, reduction of overhead,and global access to consumers.

“This decision and its categorization of developers as ‘suppliers’ or ‘manufacturers’ to platforms sets a troubling precedent. Ten years ago getting software was quite a different and onerous process- our members count on platforms that enable customers to purchase software safely, easily and with confidence.Under this decision, only trial lawyers will benefit from the simplification of platforms as a retailer and vendor model.”

Contact: Ashley Durkin-Rixey
ACT | The App Association
[email protected]
(202) 420-7488

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About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) April 16, 2019- Today, ACT | The App Association released a statement from president Morgan Reed following the announcement that Apple and Qualcomm had finally reached a patent licensing agreement and ended all litigation globally:

“The App Association welcomes the new licensing agreement between Apple and Qualcomm and the end to all the litigation between the two companies. The Apple v. Qualcomm litigation has always been a distraction from the core of Qualcomm’s anticompetitive business model and the vast impact it has on companies large and small throughout the economy, from precision agriculture to autonomous cars to connected health.

Open standards like 4G and 5G are set to provide the connective tissue and the foundation for competition in the modern economy and regulators and policymakers must ensure that every company, not just the largest ones, are safe from Qualcomm’s anticompetitive and discriminatory patent schemes.

The Federal Trade Commission must continue fighting to ensure Qualcomm lives up to its commitments to license its standard-essential patents to any willing licensee under fair, reasonable, and non-discriminatory terms. The U.S. Patent and Trademark Office must also reaffirm its commitment to the 2013 Policy Statement to protect companies from Qualcomm’s abusive patent litigation tactics.

Unless the American government ensures Qualcomm completely ends its abusive and anticompetitive patent schemes, America’s unparalleled innovators and entrepreneurs could be sidelined in the global race to 5G.”

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About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) February 26, 2019-Today, ACT | The App Association released a statement from president Morgan Reed regarding the Federal Trade Commission’s announcement of a new task force within the Bureau of Competition to Monitor Technology Markets:

“In a little over a decade, mobile devices, apps, and cloud computing have created a new economy worth $950 billion, transforming our daily lives with new products and services. A robust, competitive environment allows small businesses to fully participate in this economy, with new opportunities emerging at a rapid pace. We look forward to working with the FTC’s new task force to ensure this marketplace remains ones where our members can continue to thrive and compete.”

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 About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.

(WASHINGTON, DC) February 22, 2019– Today, ACT | The App Association released a statement from president Morgan Reed regarding comments made by Facebook in response to a Wall Street Journal investigation into smartphone apps sharing sensitive user information with the platform

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(WASHINGTON, DC) December 7, 2018– Today, ACT | The App Association released a statement from president Morgan Reed regarding remarks by U.S. Assistant Attorney General Makan Delrahim regarding the Antitrust Division’s withdrawal from the 2013 Policy Statement on Remedies for Standards-Essential Patents (SEP) Subject to Voluntary F/RAND (Fair, reasonable, and non-discriminatory) Commitments.

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WASHINGTON, DC- Today, ACT | The App Association released the following statement from president Morgan Reed on the granting of a partial summary judgement by Judge Lucy Koh in the Federal Trade Commission (FTC) enforcement case against Qualcomm regarding anti-competitive behavior in its standard-essential patent (SEP) licensing practices:

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WASHINGTON, DC– Today, ACT | The App Association released the following statement regarding the Commission’s approval of the Streamlining Deployment of Next Generation Wireless Infrastructure:

“Today’s FCC approval to streamline rapid deployment of 5G is a huge step forward for American innovation and continued growth of the networked economy. Just 10 years ago, wireless networks enabled app developers to completely reshape the way we live and work, growing an app economy that is currently valued at $950.6 billion and employs 4.7 million Americans.

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WASHINGTON, DC– Today, ACT | The App Association released the following statement regarding the National Telecommunications and Information Association’s (NTIA) official Request for Comment on consumer data privacy:

“The National Telecommunications and Information Administration (NTIA) takes a thoughtful approach in its privacy principles, appropriately recognizing that desired outcomes are not always reached most effectively through regulation. We are especially pleased that these principles recommend that Congress adopt a single, national framework that is driven by consumer experiences and designed to prevent concrete harms. Read More.

“We applaud Commissioner Carr for today’s announcement of an order to speed 5G deployment across the United States. This order outlines a path that removes barriers and ensures all communities can take part in the digital economy, and that the United States remains a leader in the wireless ecosystem. Strong 5G networks will benefit our country’s dynamic app developers and internet of things (IoT) innovators and bolster our growing internet-enabled business community. We thank Commissioner Carr for his leadership on 5G deployment and look forward to working with the FCC on this important issue.”

Dear Chairman Marino and Ranking Member Cicilline,

ACT | The App Association supports the Subcommittee on Regulatory Reform, Commercial and Antitrust Law’s goal of ensuring that foreign countries develop and enforce antitrust laws that promote competition and maximize consumer welfare. We believe the Subcommittee is right to examine the practices of foreign antitrust authorities because a strong global economy depends on the even-handed protection of competitive forces. Full Article.

Washington, D.C. – Today, The Supreme Court of the United States ruled that the government required a warrant to collect cellphone users’ location data.  ACT | The App Association President Morgan Reed offered the following statement in response to the announcement.

“We applaud the Supreme Court decision to require warrants to collect location data from cell phone users. In our modern age, mobile phones have become the ubiquitous keepers of consumers’ private and personal data – holding that data to a different warrant standard would undermine the privacy rights afforded to American citizens and the businesses entrusted with their sensitive data.

“We have long argued that law enforcement should be required to obtain warrants to access communications data in all cases, regardless of where or how long the data is stored. This Supreme Court action marks a step in the right direction.

“The United States is home to many of the world’s leaders and innovators in technology. We must update our antiquated laws governing electronic communications to reflect the new and dynamic ways we store, access, and share communications data. Today’s decision offers an important opportunity to urge Congress to reform the thirty-year-old Electronic Communications Privacy Act and establish a warrant standard for the myriad data shared across our communications networks.”

Washington, D.C. – Today, the Supreme Court of the United States announced their decision to hear the Apple v. Pepper antitrust case.  In September 2017, ACT | The App Association submitted an amicus brief to the Supreme Court in support of Apple, and App Association President Morgan Reed issued the following statement in response to the Supreme Court’s announcement.

“We applaud the Supreme Court’s decision to review the case of Apple v. Pepper. Federal antitrust law must reflect the dynamic relationship between platforms and developers. Pepper’s attempt to change developers’ relationship with customers harms tens of thousands of small businesses that currently make apps and impedes their ability to compete and innovate.

“We know the important role platforms play in providing a place for developers to sell apps to a wide range of consumers. However, by altering the definition of a direct purchaser to include consumers, Pepper places the true ownership of an app with the platform that hosts them not with the thousands of small businesses across America that make them. Apps remain the product of developers’ ingenuity, and developers maintain autonomy over how the apps are sold.

“This case offers an important opportunity for the Supreme Court to reinforce the precedent set by Illinois Brick more than 40 years ago. The ruling holds that only direct purchasers of a product can sue for antitrust harms. We are glad to see that the Supreme Court will hear the merits of the case. We feel confident they will find that platforms do not have property interest in the apps they host, and consumers remain indirect purchasers of the platforms.”

To view ACT | The App Association’s amicus brief, please click here.

Washington, D.C. – Today, ACT | The App Association member RapidSOS announced a partnership with Apple to improve emergency first responders’ ability to locate and serve users who dial 911. App Association President Morgan Reed offered the following praise in support of the new partnership.

“We’re thrilled to see our member RapidSOS partner with Apple to support the important work of emergency first responders. Smartphones have become ubiquitous in our lives, and precise location and rich emergency data from the RapidSOS mobile technology will help first responders reach and help people when they need it most.

“Policymakers have long sought to provide first responders the ability to locate a person in distress while receiving rich data about his or her condition – the partnership between RapidSOS and Apple is a key step in making this important effort a reality.

“RapidSOS is a prime example of how the thousands of innovative app developers who drive the $950 billion app economy offer solutions that make our lives better and safer.”

Washington, D.C. – Today, Representatives Ted Lieu (D-CA), Mike Bishop (R-MI), Suzan DelBene (D-WA), and Jim Jordan (D-OH) reintroduced the Ensuring National Constitutional Rights for Your Private Telecommunications (ENCRYPT) Act. The legislation, first introduced in 2016, proposes a uniform, national policy for state and local government’s treatment of encryption technology.

ACT | The App Association supports strong technical protection methods and has been a vocal advocate of end-to-end encryption as a means to protect data and prevent crime. App Association president Morgan Reed offered the following statement in response to the reintroduction of the ENCRYPT Act.

“On behalf of app developers and tech innovators across the country and around the world, we can attest to the value of encryption technologies to protect data and prevent crimes. The App Association is proud to support the ENCRYPT Act, and we commend Representatives Lieu, Bishop, DelBene, and Jordan for their leadership in reintroducing this timely bill.

“The ENCRYPT Act is a necessary step to ensure Americans can use encrypted technologies to protect themselves and their data, regardless of where they live. Encryption protects our most valuable information from nefarious cyber criminals – securing everything from private healthcare data to financial transactions, proprietary business information to the countless interactions that occur throughout the $950 billion global app ecosystem.

“Weakening encryption through a patchwork of conflicting state policies would jeopardize this protection and create known vulnerabilities that hackers seek to exploit. This legislation establishes national guidelines for the interstate use of encrypted technology and protects the data that drives our local economies and the app economy at large, and we urge Congress to advance these important measures through swift consideration of this important bill.”

Washington, D.C. – A Washington Post article and subsequent letter from Senator Ron Wyden revealed the Federal Bureau of Investigations (FBI) overstated the number of phones that were inaccessible due to technical protection methods currently available on modern smartphones. ACT | The App Association President Morgan Reed offered the following statement in response to the news.

“Strong encryption protects Americans from criminals that seek to do us harm. We are incredibly disappointed that the FBI would mislead the American people. The FBI’s disingenuous statements put Americans at risk by driving us away from the very technology that protects our valuable data.

“Last year alone more than 15 million Americans were the victims of identity theft, and these crimes cost our nation more than $16 billion. Strong technical security methods like end-to-end encryption help prevent data from entering the wrong hands. The FBI’s willingness to distort the reality around encryption to meet a political agenda not only jeopardizes the agency’s credibility, but also our security.

“ACT | The App Association firmly believes in protecting American consumers with the strongest encryption tools available. We have been vocal on the importance of this issue before District Courts and Congress and will continue to advocate for strong encryption tools that protect our data from criminals with nefarious intent.”

On April 17, the United States Supreme Court dismissed the ongoing United States vs. Microsoft privacy case, citing the passage of the Clarifying Lawful Overseas Use of Data (CLOUD) Act. ACT | The App Association has long believed it is the role of Congress to update the laws governing law enforcement access to data, and welcomes the decision from the Supreme Court.

ACT | The App Association President Morgan Reed offered the following statement on the Supreme Court action.

“We are pleased by the Supreme Court’s decision to dismiss the United States v. Microsoft case. This case highlighted the challenging conflicts in law enforcement access to data, many of which placed American innovators and small businesses between conflicting legal regimes and requirements. Thankfully, the newly passed CLOUD Act provides an important framework for governments to address contested legal questions around law enforcement access to data, while providing law enforcement the tools to keep their citizens safe.

“Now that the CLOUD Act is law, we encourage the United States to quickly negotiate comity agreements with governments around the world to promote strong privacy protections and provide clear rules around lawful access to data in the many markets in which our members engage.”

Washington, D.C. – Today, the Federal Communications Commission (FCC) voted to streamline efforts to deploy next-generation 5G networks across the United States. ACT | The App Association President Morgan Reed issued the following statement in support of the vote and the benefits 5G deployment will bring the app and internet of things (IoT) ecosystem. 

“We applaud the FCC’s vote to streamline 5G infrastructure deployment. This move is a necessary step in the right direction. We have just begun to experience the transformative benefits of app and IoT innovations, and we need this kind of leadership to stay competitive. The 5G Ready initiative puts America on the right path to streamline 5G deployment, and we look forward to working with the FCC on this crucial issue.”

To learn more about the benefits 5G deployment will bring app developers and IoT innovators, please click here.

Today, FCC Commission Brendan Carr delivered remarks about their most recent wireless infrastructure proceeding and efforts to support 5G deployment. ACT | The App Association President Morgan Reed issued the following statement.

“We applaud Commissioner Carr for his leadership in streamlining 5G infrastructure deployment. The future of our digital economy will run on 5G, and these rules will pave the way for the United States to remain a leader in the wireless ecosystem. Strong 5G networks will benefit our country’s dynamic app developers and IoT innovators and bolster our growing internet-enabled business community. We need the FCC’s strong commitment to 5G deployment to ensure the United States retains its competitive edge. We are eager to make America’s 5G leadership a reality, and we look forward to working with Commissioner Carr and the FCC on this important issue.”

Today, the European Commission introduced a new Communication to outline guidance to create a fair and balanced system for standard essential patents (SEP). Morgan Reed, President of ACT | The App Association, issued the following statement in response.

“It is a positive outcome. We appreciate the clear recognition the Commission gives to the role that SMEs and startups play in the innovation process. We applaud the Commission for providing transparent and predictable conditions for SEP licencing, and preserving the value of open standards built to protect intellectual property for all, while and at the same time respecting everyone’s intellectual property.”

“In particular we welcome the Commission’s conclusion that the value of SEP licences should be irrespective of the market success of the product. This is a clear dismissal of attempts to introduce use-based pricing of licences in Europe.”

“This Communication is a powerful signpost for licensing SEPs and it will help to unlock the potential of 5G and the IoT in Europe. Credit must be paid to the Commission and the SMEs who made their case over the past six months.”

Announcement underscores urgency for Congress to update lawful access to data laws.

Today, the U.S. Supreme Court granted the Department of Justice’s request to review the Second Circuit’s recent ruling on warrants for data stored overseas. The ruling recognized that U.S. law enforcement could not issue search warrants to compel American companies to hand over the emails of foreign citizens when their data was stored overseas. The Supreme Court’s decision to grant the Department of Justice’s request for review occurs while Congress is still debating updates to the laws outlining law enforcement’s proper access to stored digital data. ACT | The App Association President Morgan Reed issued the following statement in response to the Supreme Court’s announcement.

“As Americans, business owners, and innovators, we are disappointed by the Supreme Court’s decision to grant cert, which could reverse the Second Circuit’s recent ruling on extraterritorial warrants for data. Granting law enforcement access to foreign citizens’ data stored overseas would allow other nations to demand the same access to U.S. citizens’ data, even when that data is stored within the United States.  This environment could complicate the free flow of data on which so many American businesses depend.  Congress must act, or else American companies will continue to face challenges and missed opportunities when presented with legal ambiguities in requests for data stored abroad.

“We need Congressional action now more than ever. Under the current laws, American businesses are turned into victims of conflicting laws around the world, or worse, unwitting law-breakers. Courts can only interpret the laws that are on the books, and the decision by the Supreme Court underscores the urgency for Congress to act on this important issue. We urge Congress to move forward to advance modern legislation that respects law enforcement requests, protects people’s rights, and supports American businesses.”

ACT | The App Association welcomes the Preserving Taxpayers’ Rights Act, introduced by Representative Jason Smith and bipartisan co-sponsors in the House. We believe this bill will implement important efficiencies and protections to make the tax audit process clearer, more user-friendly, and more cost-effective for innovators across the app ecosystem. Following the introduction of this bill, App Association President Morgan Reed issued the following statement:

“Our country’s app developers and small businesses depend on smart tax policies that support their ability to grow and innovate. ACT | The App Association applauds Representatives Smith (R-MO-8), Sewell (D-AL-7), Holding (R-NC-13), Chu (D-CA-27), Curbelo (R-FL-26), and Thompson (D-CA-5) for introducing the Preserving Taxpayer’s Rights Act, which addresses an important issue impacting companies of all sizes. Tax audits can be confusing, cumbersome, and expensive for small app developers, and costly for the government. This legislation would help streamline the audit process to establish much-needed protections for our members, and support the work of the IRS. We are encouraged to see bipartisan attention to this issue, and today’s legislation is a positive step to protect taxpayers and their livelihoods.”

Judge Lucy Koh of the U.S. District Court’s Northern District of California denied Qualcomm’s motion to dismiss the Federal Trade Commission v. Qualcomm Incorporated case regarding standard essential patents (SEPs). In May, ACT | The App Association filed an amicus brief to outline the threat posed by the abuse of SEP licensing to innovation, competition, and interoperability. App Association President Morgan Reed issued the following statement on the decision.

“Judge Koh’s denial of Qualcomm’s motion to dismiss is an important step for the tech community, particularly small businesses that depend on open standards. Standards provide the crucial foundation for the technologies we use daily and innovations yet to come. We strongly believe that developers, creators, and manufacturers should be able to rely on fair, reasonable, and non-discriminatory (FRAND) access to standard essential patents when voluntary FRAND commitments are made. Regardless of the outcome, we hope a merit-based decision by the Ninth Circuit will provide needed clarity on the meaning and scope of a voluntary FRAND promise.”

To learn more, please visit our website www.AllThingsFRAND.com

Today, the U.S. Department of Justice asked the Supreme Court to review of the 2nd Circuit ruling that U.S. law enforcement warrants cannot extend to data stored abroad. ACT | The App Association President Morgan Reed issued the following statement in response to the decision.

 “Today, the Department of Justice requested Supreme Court review of the 2nd Circuit ruling that U.S. warrants for data stored abroad do not extend overseas. The request provides important attention to this issue, but even a Supreme Court decision would not offer a comprehensive solution to the legal ambiguities American app developers and tech companies face when they receive requests for data stored abroad.

“We believe Congress must act to update antiquated digital data laws to not only protect people’s rights and support American businesses, but ensure U.S. law enforcement can effectively access data to conduct their investigations. Our businesses and law enforcement bodies deserve clarity. We will continue to push Congress to move legislation modeled after the International Communications Privacy Act (ICPA) to set clear rules and expectations for accessing electronic communications. America’s leadership in technology and integrity in international investigations hinges on legislative action to make this right.

Yesterday, the Centers for Medicare and Medicaid Services (CMS) released updated rules pertaining to the Medicare Access and CHIP Reauthorization Act (MACRA), legislation passed by Congress in 2015. Following rules released in October 2016, ACT | The App Association’s Connected Health Initiative (CHI) provided lengthy comments and feedback encouraging CMS to recognize and incorporate telehealth solutions into MACRA rules.

In response to the new rules released by CMS, ACT | The App Association President and Connected Health Initiative Executive Director Morgan Reed, released the following statement:

“CHI welcomes CMS’ stated goal to enhance the ability of Medicare caregivers to utilize connected health technology. However, in our initial review of the document’s more than 1,000 pages, we are concerned that the new MACRA rules inadequately account for the proven benefits of connected health technologies – telehealth, remote monitoring, and beyond – for American patients, doctors, and healthcare providers.

“The MACRA rules make minimal meaningful changes to reimbursement policies for telehealth or remote monitoring services, which is a disincentive to doctors and healthcare providers to leverage current, and future, innovations provided by app developers and telehealth companies.

“The future of the American healthcare system depends on innovations provided by technology, and CMS does a disservice to American patients by ignoring telehealth solutions to improve the quality and efficiency of care. While we appreciate the attention to electronic health records and health IT, this rule does not sufficiently improve the Medicare system’s ability to adopt remote monitoring innovations. The changes are imperative. Just as we encourage Congress to pass the CONNECT for Health Act to bring life-changing technologies to doctors and patients, we will continue to work with lawmakers and HHS to push CMS to create a Medicare system that brings broad connected health benefits to Americans across the country.”

Today, the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing discuss the recent Supreme Court decision on the TC Heartland LLC v KRAFT Foods Group LLC case. ACT | The App Association submitted a letter for the record for the hearing, and App Association President Morgan Reed provided the following statement:

“We appreciate the House Judiciary Subcommittee on IP’s attention to this crucial issue. The Supreme Court’s ruling on TC Heartland was a victory for small businesses and app developers across the country, and we must ensure the patent system continues to support innovation and fight abusers. Many of our members have faced the threat, and the reality, of being dragged thousands of miles from their headquarters to fight frivolous patent infringement claims. The Supreme Court’s decision not only provides venue clarity for businesses facing patent litigation, but now it also allows them to continue focusing energy on growing their business and creating the next American innovation.”

To view the App Association letter for the record, please click here.

Today, the Senate Judiciary Subcommittee on Crime and Terrorism held a hearing to explore “Law Enforcement Access to Data Stored Overseas.” ACT | The App Association President Morgan Reed released the following statement:

“Unless Congress updates the archaic Electronic Communications Privacy Act (ECPA), America’s innovative small businesses will face increasing uncertainty in the global marketplace. This lack of clarity could have devastating consequences for small app developers who rely on cloud computing to serve the 95 percent of consumers who live outside the United States.

“The current law does not clearly define how U.S. law enforcement can access data stored overseas, and foreign competitors and governments are using it to spread doubt about American companies in the marketplace. We need clarity now, and Congress can deliver it with legislation that modernizes the existing law. We hope today’s hearing will bring us closer to a solution that supports our companies, facilitates law enforcement needs, and ensures the protection of consumer data stored overseas.”

ACT | The App Association President Morgan Reed released the following statement on Apple’s manufacturing grant to Kentucky-based glass manufacturer Corning.

“Technology and manufacturing are unequivocal drivers of the American economy. We applaud Apple’s investment announcement, which will support high-skilled American jobs and drive greater technology-driven manufacturing throughout the country. Partnerships like these benefit American app developers creating innovative production solutions that keep our country a global technology leader and manufacturing a cornerstone of our economy.”

Following the release of the Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure, ACT | The App Association President Morgan Reed issued the following statement:

“The President’s executive order on cybersecurity addresses several important issues related to data and network security. Our members have put extensive resources into ensuring Americans’ data privacy and security through cybersecurity risk management approaches, yet the cybersecurity workforce remains severely under-served due to a lack of available training and education options. We applaud the inclusion of workforce development and computer science components to drive innovation, protect data, and support the critical communications infrastructure that are the lifeblood of our economy.”

ACT | The App Association President Morgan Reed released a statement following the cancellation of the Senate Judiciary Subcommittee on Crime and Terrorism hearing on law enforcement access to data.

ACT | The App Association is disappointed by the cancellation of today’s Senate Judiciary hearing on law enforcement access to data stored overseas. Delays like this are frustrating. Failure to act and clarify when and how law enforcement may access data stored abroad disadvantages American companies operating in the cloud and impedes the protection of consumer privacy. We have repeatedly urged congressional action to address the ambiguity under current law, and today’s delay slows hard-fought momentum to find a solution that supports law enforcement needs and helps ensure the protection of consumer data stored overseas.

We encourage Congress to introduce and act on legislation modeled after the International Communications Privacy Act (ICPA), and we will continue to push Congress to ensure this issue receives the timely attention it deserves.

Following the Senate’s reintroduction of the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act (S.870), Morgan Reed, executive director of ACT |The App Association’s Connected Health Initiative, issued the following statement:

“The Connected Health Initiative (CHI) applauds the Senate Finance Committee’s decision, under the leadership of Senators Orin Hatch, Ron Wyden, Johnny Isakson, and Mark Warner, to reintroduce legislation for the CHRONIC Care Act. We have long advocated the important role healthcare technologies can play in treating the most debilitating illnesses in the most vulnerable populations.

“The reintroduction of this act is a step in the right direction to incorporate telehealth solutions into the treatment of chronic illness, specifically strokes, and help Medicare leverage the use of innovative technologies to improve patient outcomes and lower medical costs. However, Congress has more to do to bring the benefits of connected health technologies to more Americans, including improving the use of remote monitoring in community health centers and rural health clinics.

“Connected health technologies are vital components in the success of our country’s healthcare system, and we will continue to work with Congress to support an environment where more telehealth solutions may be used to improve care for more Americans.”

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ACT | The App Association Executive Director Morgan Reed made the following statement: 

“The continued success of the app economy is dependent on legal and regulatory certainty, and, although they are well-intentioned, the FCC privacy rules adopted last October could harm small businesses,” said Morgan Reed, executive director of ACT | The App Association.  “We hope that Chairman Pai’s proposed stay gives the FCC time to revisit the data security portion of the rule, and review its impact. The FCC’s chosen data security standard differs from current federal requirements covering other sectors and potentially subjects a far broader range of information to strict regulation. This is not an optimal outcome for app developers or their users. We hope that if the FCC rewrites its privacy and data security rules, they more closely track the Federal Trade Commission’s approach while furthering the FCC’s statutory purpose of making communications services available to all people of the United States.”

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In response to today’s 9th Circuit Court of Appeals decision, ACT | The App Association Executive Director Morgan Reed made the following statement: 

“This executive order unjustly swept up our neighbors, our co-workers and our family members, and the Appeals Court decision is a win for our industry but most importantly for American values. There are many ways the immigration system can be improved and vetting enhanced, but we must do so without sacrificing our core values or encroaching on the rights of the men and women who help make America the world’s leader.

“A significant number of software companies, including those that make apps, rely on the best and brightest workers from overseas. Teaming with American engineers, these talented workers help drive the innovative products and services that define the robust app economy, which in turn creates more high-paying American jobs.

 “Small companies undergo extremely onerous vetting processes and mountains of paperwork to grow and strengthen their businesses and the American economy.”

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The House of Representatives today approved the Email Privacy Act (H.R. 387) to protect Americans’ privacy and public safety in the digital age.

In response, ACT | The App Association Executive Director Morgan Reed made the following statement:

“We applaud the House for passing the Email Privacy Act earlier today. Americans rely on the internet to store their most sensitive data including medical records, financial records, and private information. The Electronic Communications Privacy Act (ECPA) was enacted before the commercial internet took shape and simply doesn’t reflect modern realities or provide the American public the confidence they deserve in the privacy of their data.

“There is near unanimous support for updating these archaic privacy laws for the digital age, but the struggle has been getting both chambers to agree on the details. We hope congress can reconcile remaining differences to overcome that final hurdle with the Email Privacy Act and give American companies and citizens the legal clarity they need going forward.”

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Today the Court of Appeals for the Second Circuit denied the government’s request for an en banc rehearing of the Circuit’s landmark Microsoft vs. United States decision, which affirmed that U.S. law enforcement cannot arbitrarily demand access to data stored overseas by American companies outside of established international legal norms. ACT | The App Association filed an amicus brief in support of Microsoft’s position and applauds the Second Circuit’s confirmation of its historic decision today.

In response ACT | The App Association Executive Director Morgan Reed said:

“Today’s decision assures that U.S. law enforcement must work with American companies to follow the laws of other countries when striving to comply with demands for cloud data stored abroad. The Second Circuit’s refusal to rehear the case en banc reaffirms international rule of law as well as what most Americans already believe —documents stored digitally should be treated the same as documents stored in a filing cabinet.

“Today’s decision by the Second Circuit also validates our view that the U.S. government’s reliance on the 1986 Electronic Communications Privacy Act (ECPA) — a law enacted five years before anyone browsed the web – cannot be applied to today’s world, which is powered by mobile technology with consumer data typically stored remotely in data centers.  Congress is better positioned than ever to remedy this controversy and pass legislation to modernize U.S. laws. We must meet consumers’ expectation of privacy, while ensuring that all nations respect each other’s borders. Finally, law enforcement must have the tools it needs to make the MLAT process work for everyone.

“The App Association’s interest in this case carries with it the need of thousands of American small business innovators for clarity around how and when law enforcement can access data stored overseas.”

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The following statement has been issued by ACT | The App Association in response to the Korea Fair Trade Commission issuing a 1.03 trillion won ($853 million) fine on Qualcomm Inc. for violating antitrust laws:

“The Korea Fair Trade Commission (KFTC) has, after an extensive investigation, decided to significantly fine, and impose a corrective order on, Qualcomm Incorporated for systematically violating the commitments the company made to license its standards essential patents under fair, reasonable and non-discriminatory (FRAND) terms. FRAND abuse is an anticompetitive danger that poses a serious threat to the future of mobile computing and the Internet of Things.

Curbing the abuses the KFTC is addressing is an issue we are passionate about. That is why we launched All Things FRAND, an effort committed to ensuring a balance between patent licensor and licensee that FRAND commitments safeguard. And while FRAND promises are important, they are meaningless – and undermine innovation, particularly for small businesses – when ignored during subsequent licensing negotiations. ACT | The App Association applauds the KFTC’s decision in this matter, and looks forward to analyzing the details of its corrective order that will contribute to growing global precedent upholding the purpose and meaning of FRAND obligations.”

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Today, The House Energy and Commerce Committee introduced a series of bills intended to help the FTC better engage with today’s rapidly evolving technologies. The following statement is from Morgan Reed, executive director of ACT | The App Association:

The App Association welcomes this effort by the Energy and Commerce Committee to modernize areas of the FTC. Representing startups and app companies across the Unites States, we frequently hear frustrations in navigating the regulatory process. Greater clarity and transparency can help small companies develop innovative new solutions that make our lives better.

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Today the European Court of Justice ruled that the Safe Harbor agreement negotiated between the U.S. and EU was invalid. In response to the Court’s action, ACT | The App Association executive director Morgan Reed released the following statement:

This is an issue at the government-to-government level. While the tech industry suffers collateral damage, there are ways to continue our work without a disruption in core services.

Where this breakdown between governments will be felt most is with the small companies driving the app industry. Nearly 80 percent of the top-earning app companies are startups and new entrants that don’t possess the resources of large corporations.

In our mobile economy, businesses and consumers rely upon the services app makers provide. With the recent developments at the ECJ, app users are the ones losing out to government discord.

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Today, the Office of Civil Rights launched a new website for health app makers aimed at providing a forum for HIPAA-related questions. In response to the tool for mobile innovators, ACT | The App Association executive director Morgan Reed released the following statement:

We are pleased that OCR is following through on Secretary Burwell’s commitment last year to make HIPAA clear for mobile health companies. Innovation in smartphones and tablets has made it possible for patients to monitor their own health and share critical data with physicians and loved ones. Mobile connectivity is poised to revolutionize healthcare by giving individuals greater access to their own health information and improving patient outcomes.

Unfortunately, a major obstacle to realizing the benefits of mobile health technology has been uncertainty around HIPAA. The introduction of smartphones has changed how the world communicates, but HIPAA reference materials on “Remote Use” date from before the iPhone even existed. The statute was originally enacted to help patients access their own health data, but it has evolved into a barrier making that information even harder to get.
Today’s OCR announcement is a step in the right direction, but there is a lot of ground to cover. What’s most important at this stage is to provide clear and meaningful guidance to app makers about how HIPAA will be implemented in a mobile environment. The App Association has highlighted several issues in this area requiring attention. Congress has also weighed in. We pledge to work with OCR to get resolution in these areas and to make this resource work best for companies committed to helping us live healthier through mobile technology.
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ACT | The App Association executive director Morgan Reed released the following statement in response to today’s ECPA testimony by the Department of Justice before the Senate Judiciary Committee:

The Department of Justice claims it possesses the authority to access data stored abroad — and belonging to a foreign citizen — as long as it is held by an American company. Furthermore, DOJ has claimed in court that it is reasonable to sacrifice our citizens’ private information to any country in the world so that the U.S. can avoid complying with other nation’s privacy protections. This is simply outrageous and something the American public would view as a betrayal.
For American tech companies to remain global leaders, we must be clear with our trading partners that their citizens can store data in their home country with a U.S. company and retain the privacy protections provided by their sovereign government. The bipartisan, bicameral LEADS Act would clarify the law around DOJ’s extraterritoriality claim and address the international question left unresolved by ECPA. This is important for U.S. companies competing in overseas markets — and even more so for every American who doesn’t want rogue nations to have access to their personal information.
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The following can be attributed to ACT | The App Association executive director Morgan Reed:

We’re proud to see ACT | The App Association member company AirStrip take to Apple’s big stage today and demo its incredible technology for the Apple Watch. Radically transforming the medical messaging world, patients and physicians can send encrypted, HIPAA-compliant messages with the AirStrip One and AirStrip Sense4Baby apps.

The apps take advantage of the powerful sensors packed inside the Watch, providing doctors with live data on patient vitals – from anywhere. This remote access to data is especially helpful in monitoring newborns.

With AirStrip Sense4Baby on the Apple Watch, an expectant mother and her physician can monitor her heart rate, the fetus’ heart rate, and contractions. The Sense4Baby system allows doctors to monitor mothers-to-be remotely, and give up-to-date information throughout her pregnancy.

AirStrip’s technologies demonstrate how mobile health solutions lead to better care and improved patient outcomes. We look forward to our continued work with this extraordinary company.

Today, Senator Al Franken sent a letter to Attorney General Loretta Lynch and FTC Chairwoman Edith Ramirez questioning Apple’s platform and music streaming offerings. In response to Senator Franken’s letter ACT | The App Association Executive Director Morgan Reed released the following statement:

We are disappointed in Senator Franken’s response to Apple’s new music offerings. Senator Franken is out of sync when he asserts that the company’s entrance into the music streaming market is anticompetitive. The mobile app marketplace is one of the most vibrant ecosystems in the world, and the introduction of Apple Music does nothing to make it less competitive. Further, while app makers make more money on Apple’s platform, it occupies a relatively small share of the global market.

As a recent article headline pointed out, “Spotify can’t pay an artist. But they can pay 6 different lobbying firms.” The company’s aggressive lobbying seems disingenuous given that Spotify has already crushed competitors like Sony Music Unlimited, Simfy and is making rapid gains on Pandora. Spotify is playing the defenseless ingenue when it’s really a foreign competitor worth billions. We understand that Spotify is upset that they have a new competitor, but that’s a good thing for consumers.

Senator Franken’s focus on the competitiveness question misses the larger goal – protecting consumers. By requiring all apps sold in Apple’s App Store to abide by the same rules, Apple aligns itself with consumers by taking responsibility for the transactions on its platform. Within the Apple ecosystem, if an in-app purchase or subscription doesn’t work, you can go to Apple to get a refund.

Apple provides a safe, secure marketplace for app makers to thrive. With a strong commitment to privacy, customers trust that their payment information and other sensitive data is kept safe and secure. The company’s move into the streaming music market simply allows them to occupy a moderately-sized space alongside other established services. We plan to provide Senator Franken and others with further guidance on this issue.

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Today, ACT | The App Association member Amy Gleason of CareSync was named a White House Champion of Change as part of its Precision Medicine Initiative. VP of Public Affairs Jonathan Godfrey released the following statement commending this honor:

ACT | The App Association is proud to have nominated Amy Gleason for this honor. Her work and personal experience exemplify the qualities for which Champions of Change and the Precision Medicine Initiative were created. We look forward to our continued work with Amy to help improve patient access to their own critical health data.

ACT | The App Association Executive Director Morgan Reed issued the following statement upon news of FCC Chairman Tom Wheeler’s intention to regulate privacy through the Net Neutrality Order.
FCC Chairman Tom Wheeler announced on Friday his intention to address privacy issues through the net neutrality order. Given the scores of legal challenges the order faces, it is a curious area for the Commission to expend its limited resources. Without a background in privacy enforcement, the Commission risks sowing confusion and uncertainty at a time when capital investment in our communications infrastructure is urgently required.

On Wednesday, May 27, ACT | The App Association Executive Director Morgan Reed will debate the booming wearable tech market at POLITICO’s event, “Outside, In: The Future of Wearable Tech.” Ahead of the event, Reed released the following statement:

The wearables explosion has created an incredible opportunity for innovators in the space. These devices not only have the potential to improve users’ fitness and lifestyle – they’re also novel, fun, and expanding beyond the health and wellness market. It’s now up to industry to ensure we’re providing these products in a way that is appropriate and meets consumers’ expectations.

Tomorrow, ACT | The App Association President Jonathan Zuck will testify before the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet on ICANN oversight and the proposal to transition the Domain Name System (DNS) away from the National Telecommunication and Information Administration (NTIA). Ahead of the hearing, Zuck released the following statement:

The pending transition is an opportunity for Congress, together with the ICANN community, to provide effective oversight and proper guidance. It’s a final chance to ensure the right accountability mechanisms are in place that will allow small companies to have a more substantial role in ICANN processes.

Next week, 50 top software executives from around the country will travel to Washington to meet with policymakers and regulators about the top tech innovation priorities as part of ACT | The App Association’s 2015 Fly-In. Over two days, the app makers and mobile entrepreneurs will raise concerns about data privacy and security, internet governance, patent reform, and regulatory obstacles to growth. Ahead of the Fly-In, Executive Director Morgan Reed released the following statement:

The booming mobile economy is dominated by startups and small tech companies that are innovating and creating jobs in every state and district of the country. Our members are traveling to D.C. to make the case for a government approach to technology policy that fosters innovation and promotes growth in our communities.

This morning Reps. Tom Marino and Suzan DelBene introduced the Law Enforcement Access to Data Stored Abroad Act (LEADS Act) in the House of Representatives. This legislation shows that there is a bipartisan, bicameral commitment to assure the future of American tech companies that operate abroad.

On behalf of ACT | The App Association and the more than 5,000 mobile app and software companies, Executive Director Morgan Reed released the following statement in support of the LEADS Act:

ACT | The App Association strongly supports the bipartisan introduction of the LEADS Act in the House of Representatives. We have long looked to Reps. Marino and DelBene for leadership on issues facing the tech community and applaud their commitment to improving privacy protections and cross-border data flows.

Cloud computing is essential to global commerce and has revolutionized how we communicate and access content. American technology companies are leaders in cloud services, both at home and abroad. Yet, our European allies are threatening to ban U.S. cloud providers over concerns that their citizens’ data isn’t safe when stored by companies within reach of the U.S. government.

Alert to these concerns, the LEADS Act requires law enforcement to treat digital information the same as physical goods: through warrants and information exchange treaties that comply with the law of the country where it resides. The LEADS Act effectively balances the needs of investigators and prosecutors with individual privacy protections. We thank Reps. Marino and DelBene for their leadership and commitment to find a solution for this critical issue.

Today Senator Orrin Hatch announced he will introduce the Law Enforcement Access to Data Stored Abroad Act (LEADS Act). This legislation is critical for the future of American companies that provide or use cloud services abroad.

On behalf of ACT | The App Association and the more than 5,000 mobile app and software companies, Executive Director Morgan Reed released the following statement in support of the LEADS Act:

“We applaud Senator Hatch for his leadership on issues facing the tech community and are proud to lend strong support for the LEADS Act. The legislation brings long overdue clarity to the treatment of stored communications, and goes a long way to protect individual privacy rights on a global scale.

“Cloud computing is at the heart of the digital revolution, vastly improving the way we handle information technology, conduct business, and consume media. American technology companies are leaders in cloud services, both at home and abroad. Yet, our European allies are threatening to ban American cloud service providers over concerns that their citizens’ data isn’t safe when stored by companies within reach of U.S. law enforcement. The LEADS Act prevents this from happening.

“The comprehensive legislation provides a much-needed legal framework by which data can be ac