Timing the sowing and watering of crops is as important as ever in agriculture. Jessi Korinek and her co-founders at Nave Analytics are developing a software that uses satellite data to help farmers cut down on water costs for irrigation. We sat down with Jessi to discuss her product, the impact of tariffs on the agricultural industry, and the challenges she faced in receiving federal research and development (R&D) grants.
Startup ecosystem feels the effects of DOGE cuts
The Trump administration’s push for “efficiency” is undercutting key programs and tools that maintain balanced intellectual property frameworks that protect startups against low-quality patents and meritless, but expensive and time consuming, litigation.
With a looming reauthorization deadline later this year, Congress has a chance to renew and improve a government funding program that can be critical to startups engaging in costly R&D.
TLDR: As Congress returns to work following President-elect Joe Biden’s victory last week, policymakers may finally be turning their attention back to providing economic relief to Americans affected by the coronavirus pandemic. Small businesses and U.S. workers have already waited months for policymakers to offer a viable stimulus package, and it’s well past time for lawmakers to unite behind a proposal that provides long-term support for the nation’s startup ecosystem.
The Big Story: Online platforms in the spotlight over election claims. With temperatures running high over the election, Internet companies have found themselves again in the spotlight for their content moderation decisions, especially amid premature claims of victory and unsubstantiated claims about voter fraud.
The Big Story: Where Trump and Biden stand on tech policy. With the election in full swing, President Donald Trump and Democratic presidential nominee Joe Biden are wrapping up their respective campaigns. Ahead of the impending election, we wanted to take a look at where the major party candidates stand on some critical tech and startup issues.
TLDR: A Senate panel is preparing to hold a hearing tomorrow with the CEOs of Facebook, Google, and Twitter to discuss Section 230 and allegations of political bias by big tech firms. Although Section 230 has drawn scrutiny from policymakers because of the actions of large Internet companies, the law allows platforms of all sizes to host user content and engage in content moderation without the fear of potentially crippling lawsuits. Any changes to the law will have an outsized impact on the U.S. startup ecosystem.
The Big Story: COVID relief talks stall as startups still wait for support. The Trump administration and Congress are continuing to discuss the framework of a bipartisan coronavirus relief package to support struggling small businesses and Americans, although the lack of progress on an agreement means that a stimulus deal is unlikely until after the presidential election on Nov. 3rd. With startups and small businesses in need of economic support to weather the pandemic’s economic uncertainty, entrepreneurs are calling for policymakers to provide more-targeted relief proposals in the much-needed stimulus package being discussed.
Last month, the United States Patent and Trademark Office (“USPTO”) announced a reorganization which, among other things, eliminated the positions of Deputy Commissioner and Associate Commissioner for Patent Quality. This is the latest in a series of policy developments which have had the effect of deprioritizing patent quality in the U.S.
TLDR: The U.S. tech industry and startup ecosystem rely upon the important contributions of high-skilled foreign talent to drive innovation and economic growth. But the Trump administration’s efforts to undermine the country’s visa programs by suspending work visas for immigrants and attempting to narrow eligibility for H-1B visas will harm domestic innovation and drive qualified talent to other countries.
The Big Story: Spotlight on content moderation ahead of election. With the presidential election weeks away, and Americans increasingly relying on Internet services amid the ongoing coronavirus pandemic, digital platforms are working overtime to identify and moderate user-generated content that could cause real-world problems. But policymakers are turning up the heat on the already difficult and contentious issue of content moderation, with platforms’ efforts to combat the spread of conspiracy theories and misinformation leading to partisan pushback and claims of supposed censorship.
TLDR: U.S. startups are in need of further economic relief to support their business operations amid the coronavirus pandemic. In a recent survey conducted by Engine, a majority of respondents who received federal assistance said the financial support they obtained was insufficient, and entrepreneurs voiced support for a variety of more-targeted policy proposals—such as equity investments, forgivable loans, a startup fund, tax credits, and grants—that could help provide them with the assistance they need during this difficult time.
The Big Story: House antitrust report suggests sweeping changes to tech landscape. After spending the past 16 months investigating allegations of anti-competitive practices by Amazon, Apple, Facebook, and Google, the House Judiciary Committee’s Democratic leadership this week released a 449 page report proposing that lawmakers overhaul existing U.S. antitrust laws, including limiting large tech firms’ ability to acquire startups. While policymakers proposed taking a variety of steps to address claims of market dominance and abuse—such as breaking up the largest firms and providing more regulatory authority and resources to federal agencies overseeing the tech industry—lawmakers must remain vigilant that their overall recommendations do not harm competition by hindering startup growth and innovation.
TLDR: The U.S. Supreme Court will hear argument this week in the almost decade-long dispute between Google and Oracle over the permissible use of software interfaces—known as application programming interfaces (APIs). Startups and developers rely on APIs as a fundamental tool for developing new software and enabling interoperability. Oracle is asking the Court to upset a long-held understanding that APIs cannot be subject to copyright infringement claims. And a ruling in Oracle’s favor would expose U.S. startups and software developers to sizable new risks, generate more litigation, and increase barriers to startup growth and innovation.
The Big Story: Congress must keep startups in mind while reviewing the DMCA. The House Judiciary Committee held a hearing this week about § 512 of the Digital Millennium Copyright Act (“DMCA”)—a critical area of the law for startups which provides a balanced and certain framework for addressing allegations of online copyright infringement. As we have explained, if Congress were to consider any revisions, it is essential they carefully weigh how important § 512 is to startups. While much of the Committee’s hearing ignored those needs, there were indications some lawmakers and witnesses are still mindful of startups and the users and Internet-enabled creators who rely on them.
TLDR: Many members of Congress are calling for changes to Section 230—a bedrock Internet law that allows Internet platforms to host and moderate user content without having to worry about ruinous lawsuits. But Democrats and Republicans see very different problems with Section 230 and Internet platforms' content moderation practices, and most policymakers’ criticisms focus exclusively on a handful of large companies while ignoring the outsized impact that changes to Section 230 would have on startups.
The Big Story: Reflecting on the life and career of Justice Ginsburg. Over the past week, extraordinary attention has rightfully been paid to the life and legacy of Supreme Court Justice Ruth Bader Ginsburg and the future of the Court she leaves behind. While Justice Ginsburg’s contributions—and celebrity status—are often couched in terms of her being a bulwark for certain liberal values, her legacy and contributions are not so limited and the reach of her work is woven into the fabric of the country. Indeed, it is apparent her contributions benefited U.S. startups, and her absence on the Supreme Court may soon be felt by the startup community.
TLDR: While the European Union has moved in recent years to take the lead on enforcing global privacy standards, Congress has let states like California largely dictate the country’s privacy laws as a result of federal inaction on a national data privacy framework. As lawmakers prepare to discuss the importance of crafting comprehensive privacy legislation this week, it’s critical they pursue a framework that balances strong consumer privacy protections with much-needed clarity for startups and entrepreneurs.
The Big Story: Acquisitions, content moderation become focus of antitrust hearing. A Senate antitrust panel held a hearing this week to examine the impact of Google’s online advertising market on competition, but in what is becoming a routine occurrence, policymakers shifted their focus to other areas, spending considerable time airing unrelated and unsupported claims about Google’s supposed anti-conservative bias and the alleged harms of acquisitions.
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.
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.
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.
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.
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