Digest

Combating Deepfakes, Misinformation, and Online Deception

Combating Deepfakes, Misinformation, and Online Deception

A key House panel is holding a hearing tomorrow morning to examine the dangers of online misinformation, deception, and deepfakes. Lawmakers are rightfully concerned about the spread of misinformation across the Internet, but they have largely failed to offer solutions that would not stifle startups and other platforms’ ability to moderate troublesome—but otherwise legal—content.

As the year draws to a close, we wanted to highlight some of the main policy issues that have affected the startup community this year, and what we’ve done to advance the goals of the entrepreneurial community.

Startup News Digest 12/20/19

Startup News Digest 12/20/19

The Big Story: U.S.-China trade deal touches tech. Officials from the United States and China announced last week that the two nations reached a phase-one trade compromise that will reportedly reduce a 15 percent tariff on roughly $120 billion in certain Chinese goods to 7 ½ percent. The deal would further halt additional tariffs that were slated to go into effect this month on other popular electronic goods. 

Startup Policy Year in Review

Startup Policy Year in Review

This year, Engine focused on a number of critical policy issues impacting entrepreneurs and technology startups across the United States. Guided by the startup community’s concerns, we stood up for strong net neutrality rules, highlighted the importance of intermediary liability protections, called for a federal data privacy framework that works for both consumers and startups, and much more.

As the year draws to a close, we wanted to highlight some of the main policy issues that have affected the startup community this year, and what we’ve done to advance the goals of the entrepreneurial community.

Startup News Digest 12/13/19

Startup News Digest 12/13/19

The Big Story: USMCA includes critical digital provisions. This week, Speaker of the House Nancy Pelosi (D-Calif.) announced that a deal was reached with the Administration, Canada, and Mexico on the U.S.-Mexico-Canada Agreement (USMCA) that includes digital provisions that will help startups grow their businesses abroad. Prior to this agreement, Speaker Pelosi indicated a desire to remove certain language in USMCA that echoes the intermediary liability protections found in U.S. law.

Undermining Encryption Protocols Threatens Startup Stability

Undermining Encryption Protocols Threatens Startup Stability

This morning, the Senate Judiciary Committee held a hearing on “encryption and lawful access.” While the hearing largely focused on the ways large tech companies use encryption—Apple and Facebook testified—companies of all sizes, especially startups, rely on increased privacy and security protections to gain and keep user trust as well as to differentiate themselves from larger competitors.

Startup News Digest 12/06/19

Startup News Digest 12/06/19

The Big Story: Digital trade provisions critical for startups. Speaker of the House Nancy Pelosi (D-Calif.) is reportedly pushing to have digital trade provisions that provide intermediary liability protections for startups removed from the United States-Mexico-Canada Agreement (USMCA). These protections are based on the U.S. legal framework that startups rely on to launch, grow, and compete with major Internet companies.

Engine files brief supporting Internet platform startups in trademark case

Engine files brief supporting Internet platform startups in trademark case

TLDR: An appeals court is currently considering whether Internet platforms can be held liable when their users are accused of trademark infringement. Redbubble was accused of direct trademark infringement based on the accusation that its users were selling infringing Ohio State products on the platform. A trial court concluded that Redbubble should not be liable in this circumstance, and Engine filed a brief in support of Redbubble’s position on appeal. 

Startup News Digest 11/22/19

Startup News Digest 11/22/19

The Big Story: FCC proposes unlicensed spectrum boost. Federal Communications Commission Chairman Ajit Pai announced a proposal this week to reallocate spectrum in the 5.9 GHz band for unlicensed use, a move that would open up the airwaves for more Wi-Fi. The 5.9 GHz band is currently reserved for vehicle-to-vehicle communications but has largely been unused for its intended purpose. Chairman Pai’s proposal would reallocate the lower 45 MHz for unlicensed use while setting the upper 40 MHz aside for vehicle safety purposes. 

Supreme Court moves to resolve copyright concerns

Supreme Court moves to resolve copyright concerns

TLDR: The Supreme Court last week took up a copyright case and is hopefully poised to resolve issues about the copyrightability and permissible use of software interfaces next year. The case in question arose from a long-running dispute between Oracle and Google about one type of software interface—application programming interfaces, or APIs. Without the Supreme Court’s intervention, there is a risk that companies will copyright APIs or other interfaces, and then be able to prevent other companies from using them without paying for a license. 

Startup News Digest 11/15/19

Startup News Digest 11/15/19

The Big Story: House panel examines big tech's impact on small businesses. The House Small Business Committee held a hearing yesterday to examine big tech’s impact on small businesses, with lawmakers bringing in witnesses from large tech companies, small retailers, and nonprofit organizations to discuss the benefits and challenges of large online platforms. 

Startups Paying Close Attention to DACA Decision

Startups Paying Close Attention to DACA Decision

TLDR: Startups are keeping a close watch as the Supreme Court hears oral arguments on the 2012 Deferred Action for Childhood Arrivals (DACA) policy. Access to talent is vital to the success of startups, and numerous studies have shown that immigrants make important contributions to the entrepreneurial community. Policies and decisions that suggest the U.S. is a bad place for immigrants—like a ruling against the DACA policy—would be bad for the startup community.    

IP Recap - 11/12/19

IP Recap - 11/12/19

The Federal Circuit’s recent decision in Arthrex, Inc. v. Smith & Nephew, Inc. changes the framework for appointing and removing certain patent office officials—the Administrative Patent Judges (APJs). APJs serve on the Patent Trial and Appeal Board which, among other functions, can take a “second look” at weak or overbroad patents that previously issued, and invalidate claims that should not have issued in the first place. Instead of challenging a low-quality patent in federal court, which takes multiple years and millions of dollars, the Patent Trial and Appeal Board can consider a limited scope of validity challenges in less than 18 months and for a fraction of the cost. Therefore, it is a more accessible place for startups to go to challenge weak patents they are accused of infringing, and has the ancillary benefit of increasing overall patent quality and making the abusive patent litigation business less profitable. 

Startup News Digest 11/08/19

Startup News Digest 11/08/19

The Big Story: Lawmakers scrutinize Chinese social media app TikTok. The Senate Judiciary Subcommittee on Crime and Terrorism held a hearing on Tuesday to examine how technology companies might be exposing user data to “criminals, China, and other bad actors,” with lawmakers spending much of the time lambasting popular social media app TikTok for not sending a representative to testify before the panel.

Startups and non-compete agreements

Startups and non-compete agreements

As conversations swirl around the use of non-compete agreements in the labor market, it is important that lawmakers consider the effects of these agreements on startup formation and talent acquisition. Instead of protecting legitimate business interests, non-compete agreements are often used to block competition, prohibiting talented Americans from starting their own innovative ventures and from hiring the talent they need to succeed and to be competitive.