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Latest Cases & Developments
Date:
ACE Letter to NIST re: the Bayh-Dole Framework (Feb. 1, 2024)
Letter from the American Council on Education (ACE) and five other higher education associations to the National Institute for Standards and Technology (NIST) regarding its Draft Guidance for the Exercise of March-In Rights. In commenting on NIST’s proposed framework for government agencies considering exercising march-in rights under the Bayh-Dole Act, the letter expresses concern that the proposed guidance would introduce considerations beyond the original statutory framework, create uncertainty and ambiguity around criterial for march-in consideration, and disincentivize private sector partnerships. It expressed particular concern that permitting the use of “reasonable pricing” in petitions for march-in might “embolden corporate entities to file petitions in bad faith or to undercut competitors in commercialization efforts.” The letter recommends that the administration rescind the framework.
Topics:
Technology | Technology TransferDate:
U.S. Dep.’t of Justice Regulatory Agenda for Spring 2023—Web Accessibility (Dec. 6, 2023)
U.S. Department of Justice Uniform Regulatory Agenda for Fall 2023. The filing indicates that the Department’s Civil Rights Division plans to issue a final action on Accessibility of Web Information and Services of State and Local Government Entities in April 2024.
Topics:
Disability Discrimination | Discrimination, Accommodation, & Diversity | Technology | Technology AccessibilityDate:
Executive Order re: Development and Use of Artificial Intelligence (AI) (Oct. 30, 2023)
Executive Order (EO) from President Biden on the Safe, Secure, and Trustworthy Use of Artificial Intelligence (AI). The EO aims to advance “a coordinated, Federal Government-wide approach” to “governing the development and use of AI safely and responsibly.” The EO contains provisions addressing the development of guidelines and best practices for the development and use of AI; cybersecurity and protection of privacy; concerns regarding equity and civil rights; protections for consumers, patients, and students; impact on workers; innovation and competitiveness; and use of AI by government agencies. The EO also directs the Secretary of Education to “develop resources, policies, and guidance regarding AI” including recommendations for “appropriate human review of AI decisions, designing AI systems to enhance trust and safety and align with privacy-related laws and regulations in the educational context, and developing education-specific guardrails.” The White House also released a Fact Sheet summarizing the directives in the EO.
Topics:
Cybersecurity | TechnologyDate:
ACE Comment Letter to DOJ re: Website Accessibility NPRM (Oct. 3, 2023)
Comment Letter from the American Council on Education (ACE) and 23 other higher education associations to the Department of Justice on its Notice of Proposed Rulemaking (NPRM) on “Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities.” While expressing support for the objectives of online accessibility, the comment letter identifies concerns with the NPRM’s two-year timeframe for establishing compliance, its criteria for determining which entities are large or small, the limited benefit of an exception for password-protected web content for which no student with a declared disability is registered, and high compliance costs for institutions of higher education.
Topics:
Disability Discrimination | Discrimination, Accommodation, & Diversity | Technology | Technology AccessibilityDate:
DOJ NPRM on Accessibility of Web Information and Services of State and Local Government Entities (Aug. 4, 2023)
U.S. Department of Justice, Civil Rights Division Notice of Proposed Rulemaking (NPRM) on Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities. With this NPRM, the DOJ proposes to revise the regulations implementing Title II of the Americans with Disabilities Act (ADA) “to establish specific requirements, including the adoption of specific technical standards, for making accessible the services, programs, and activities offered by State and local Government entities to the public through the web and mobile apps.” The NPRM also proposes seven “exceptions with some limitations,” including “course content on a public entity’s password-protected or otherwise secured website for admitted students enrolled in a specific course offered by a public postsecondary institution.” Comments are due on or before October 3, 2023.
Topics:
Disability Discrimination | Discrimination, Accommodation, & Diversity | Technology | Technology Accessibility
NACUA Annual Conference
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