The Big Story: The importance of balanced copyright rules for startups. Startups need balanced, commonsense copyright rules in order to effectively operate at home and abroad. And several ongoing, international discussions about copyright policy are putting this issue in the spotlight. Especially given the outsized role startups play in innovation and economic growth, it is critical to ensure that the startup voice is heard when it comes to crafting policies dictating whether and when platforms can be liable when their users are accused of copyright infringement.
Struggling U.S. Startups Still Waiting for Viable Relief Package
TLDR: Congress is back in session following the August recess, and Senate Republicans plan to vote as soon as tomorrow on a “skinny” coronavirus relief package. It is widely recognized, however, that the legislation is unlikely to advance through the House. That’s why it’s important for lawmakers from both sides of the aisle to work together to craft a legislative package that strengthens small business loan programs and provides long-term support for the nation’s startup community.
Startup News Digest 09/04/20
The Big Story: FCC review of Section 230 draws hundreds of comments. The Federal Communications Commission this week received hundreds of public comments in response to a petition from the Trump administration that asks the FCC to rewrite existing law in order to expose Internet companies that host and moderate user-generated content to new legal liability for user posts. Engine submitted comments explaining that the proposed changes are based on unsupported claims and would actually harm innovation and competition in the Internet ecosystem by making it more risky and costly to host and moderate user-generated content.
Tech Companies Sue Patent Office To Restore Patent Review Process
TLDR: A lawsuit filed yesterday against the U.S. Patent and Trademark Office by four tech companies seeks to restore review procedures that enhance patent quality and combat abusive litigation brought by so-called “patent trolls.” If successful, the case would restore inter partes review (IPR), a process that makes it easier for startups to push back against frivolous lawsuits brought by patent trolls.
Startup News Digest 08/28/20
The Big Story: SEC’s accredited investor update a good first step for startups. The U.S. Securities and Exchange Commission this week updated its “accredited investor” rules—which govern who can invest in early-stage, privately held firms—to allow individuals who do not meet the existing wealth threshold to participate in private capital markets. The previous rules only allowed individuals who earned more than $200,000 per year, or had a net worth of over $1 million, to qualify as accredited investors. The updated rule expands the definition so that potential investors are not judged only by their wealth, but by other features—such as having relevant knowledge and expertise—that can make it easier for qualified individuals to invest in startups.
Trump Administration Ramps Up Pressure on Section 230
TLDR: The Trump administration is pressuring federal agencies to comply with an executive order that would change a bedrock Internet law in order to address supposed bias from major Internet platforms. President Donald Trump has been pushing agency officials in recent months to weaken the framework—known as Section 230 of the Communications Decency Act—that lets companies host and moderate users’ content without the fear of being sued into bankruptcy. While much of the attention around Section 230 focuses on major Internet companies, the law is especially critical for startups, which would be disproportionately impacted by policy changes in this space.
Startup News Digest 08/21/20
The Big Story: Privacy Shield rollback leads to new complaints over U.S. websites. The recent court decision striking down a transatlantic data transfer deal is already having adverse effects for websites of all sizes. This week, a European privacy group founded by Austrian privacy activist Max Schrems filed complaints with European Union data regulators against 101 websites that use tools like Google Analytics and Facebook Connect.
Law Reclassifying Independent Contractors Will Harm California’s Startups
TLDR: Uber and Lyft may have to suspend their services in California after a San Francisco judge ruled last week that the firms must comply with a state law—Assembly Bill 5 (AB 5)—that requires California companies, including “gig economy” platforms, to reclassify many independent contractors as employees. Although the law is ostensibly targeted at larger platforms like Uber and Lyft, it is likely to be an existential threat for smaller startups.
Startup News Digest 08/14/20
The Big Story: EU, U.S. negotiating on “enhanced” data transfer pact. The United States and the European Union are discussing the formation of a new transatlantic data transfer pact to replace the Privacy Shield framework struck down by Europe’s top court last month. In a joint press statement released on Monday, Commerce Secretary Wilbur Ross and European Commissioner for Justice Didier Reynders said that they “have initiated discussions to evaluate the potential for an enhanced EU-U.S. Privacy Shield framework to comply with the July 16 judgment.”
Policymakers Use Congressional Startup Day to Connect With Local Entrepreneurs
IP Recap - 08/11/20
A recent Federal Circuit decision, In re PersonalWeb Technologies LLC, highlights ways companies can protect their customers against abusive patent litigation. There are various legal doctrines, rooted in fairness and efficiency, that can apply—including to protect startups that are accused of infringement based on buying or using someone else’s product or service.
Startup News Digest 08/07/20
The Big Story: FCC takes next step on Trump’s social media executive order. A federal agency this week moved ahead with a petition from the Trump administration that could open up liability for companies that host user content. Federal Communications Commission Chairman Ajit Pai said on Monday that the agency will receive public comments in response to President Donald Trump’s May executive order on “preventing online censorship” that pushes federal agencies to clarify the meaning of “good faith” content moderation under the law.
Negotiations on Relief Package Must Include Startup Voice
TLDR: Policymakers and Trump administration officials are holding discussions this week about the impending coronavirus relief package, but the lack of progress on a deal means that Americans and entrepreneurs are still waiting for much-needed support. As deliberations continue, lawmakers should consider a variety of proposals to strengthen currently available small business loan programs and pursue policies that will position startups and entrepreneurs to survive for the long-term.
Startup News Digest 07/31/20
The Big Story: Messy ‘Big Tech’ hearing fails to address startup competition. Big tech CEOs were in the hot seat this week during a House antitrust hearing ostensibly about anti-competitive practices. Instead, however, lawmakers used the opportunity to air a variety of grievances against large tech firms without offering a coherent plan for policymaking that could benefit the U.S. startup ecosystem. While some of the members of the House Judiciary Antitrust Subcommittee used Wednesday’s hearing with the CEOs of Amazon, Apple, Google, and Facebook to address startup concerns, the hearing clearly demonstrated that policymakers need to rethink their approach to competition policy by listening to the concerns of the entrepreneurial community if they truly want to support startup growth and innovation.
Section 230 back in the spotlight
TLDR: The Trump administration and policymakers are putting growing pressure on a bedrock Internet law that allows companies of all sizes to host and moderate user-generated content. Startups depend on this framework—known as Section 230 of the Communications Decency Act—to grow without the fear of being sued into bankruptcy over the user-generated content they host and moderate. Weakening this law would have a disastrous effect on the Internet ecosystem.
Startup News Digest 07/24/20
The Big Story: In order to promote tech competition, Congress needs to hear from startups. While a planned House antitrust panel next week featuring the CEOs of Amazon, Apple, Google, and Facebook has reportedly been postponed, the startup community is still paying close attention to ongoing congressional discussions about allegations of anti-competitive practices by the country’s largest tech firms. Recent history has shown that efforts to combat the perceived dominance of a few tech firms often have counterproductive outcomes, and policymakers need to factor the U.S. startup community into their work moving forward.
Startups Stand the Most to Lose after Privacy Shield Rollback
TLDR: Europe’s top court last week struck down Privacy Shield, a data transfer pact between the European Union and the United States that allowed U.S. companies to process and store European users’ data in America. The decision, which could have an outsized impact on U.S. startups, stems from U.S. government surveillance programs that European courts have repeatedly found issues with—especially in the wake of the disclosures from former National Security Agency contractor Edward Snowden in 2013. Without the U.S. scaling back its sweeping surveillance programs, however, it’s unlikely that the EU and U.S. will be able to agree on a new framework to replace Privacy Shield—something that growing startups need to reach potential users across Europe.
Startup News Digest 07/17/20
The Big Story: EU court strikes down transatlantic data transfer pact. The Court of Justice of the European Union this week struck down Privacy Shield, a transatlantic agreement that lets U.S. companies process and store European users’ data in the U.S. The ruling creates uncertainty for many U.S. and EU companies by jeopardizing the flow of data between Europe and the United States. The case, known as “Schrems II,” evolved out of Austrian privacy activist Max Schrems’ 2013 lawsuit following the revelations about the U.S. government’s surveillance programs by NSA whistleblower Edward Snowden.
Support Entrepreneurship by Participating in Congressional Startup Day
TLDR: We’re now a month out from Congressional Startup Day, an event highlighting the importance of startup activity across the country. This annual event connects members of Congress with startups in their states and districts to learn more about the successes and challenges of being an entrepreneur. With the coronavirus pandemic having an outsized impact on U.S. startups, Congressional Startup Day serves as a timely opportunity for members to learn more about how they can support and highlight the work of their local entrepreneurs.
Startup News Digest 07/10/20
The Big Story: Startup community voices concerns about suspension of H-1B visas. U.S. startups are asking the Trump administration to reconsider a recent decision that will limit access to high-skilled talent amid the coronavirus pandemic. In a new letter, Engine and 118 startups, entrepreneurial organizations, and other companies—including Pinterest, Postmates, Reddit, and Twitter—are asking President Donald Trump to reconsider his suspension of work visas to high-skilled foreign workers, including those issued under the H-1B visa program. The letter comes after the president signed an executive order last week temporarily halting the issuance of work visas for foreign workers through the end of the year.