Bringing More to the Patent Discussion

Innovators may have the opportunity to work more closely with patent regulators as they expand their operations to the West coast. On behalf of Engine, I headed to Stanford University on Tuesday to speak alongside individuals from the Electronic Frontier Foundation, App Developers Alliance, and CodeX as well as two independent developers about the need for greater innovation in the patent regime.

The United States Patent and Trademark Office kicked off its “Software Partnership Roundtable” series seeking input on how to better handle overbroad software patents. Many of us highlighted the opportunity to use new technology to help patent examiners avoid issuing overbroad or unclear patents.

These problem patents are largely to blame for the increase in suits filed by non-practicing entities, often referred to as “patent trolls.” New research from Santa Clara University professor Colleen Chien shows that 82 percent of those facing patent troll suits have been sued on the basis of a software patent. The PTO sought input specifically on overbroad software patents making functional claims that may encompass any number of technologies. Think of Lodsys’ alleged patent on in-app purchases or the disputed “pull to refresh” patents.

Entrepreneurs, investors, and software developers are growing increasingly wary of the patent system both because of potential litigation and due to limited resources to file for and license patents. In a startup’s first year, the company will likely run on little more than the savings of the founders, a few credit cards, and the company’s ideas and innovations. Angel and seed-stage investment don’t provide much financial breathing room, making the fees and time associated with filing for a patent a luxury at best.

Trust in the patent system has eroded. Companies and organizations including Twitter are creating defensive patent systems to help innovators avoid the negative externalities associated with patent litigation. The relationship between developers and the patent system is not so much broken as it is nonexistent in many cases. As two Washington University economists noted in a recent Journal of Economic Perspectives article, engineers are actively told by companies to not “search, view, or speculate” on patents. As one Microsoft engineer testified, “Ignorance is bliss and strongly recommended when it comes to patents.” Big companies often encourage their engineers to avoid patents in an effort to minimize damages should they be found to have infringed an existing patent.

One potential opportunity I dicussed was drawn from Harvard Law professor Yochai Benkler’s book The Wealth of Networks. In 2002, another resource-constrained government agency -- NASA -- successfully launched a clickworkers project to map the surface of Mars. After 6 months and over 1.9 million entries, the survey work was almost indistinguishable from that of a professional geographer. It’s not a perfect case study, but an example of how technology has been used to bring the insight of ordinary citizens into problem solving at a massively complex level.

Communities ranging from Quora to Wikipedia have demonstrated the internet’s capacity to harness collective intelligence, cut through the noise, and provide reasonable guidance on any number of issues. Civic startup groups like Code for America are also demonstrating what a teams of engineers with access to government data can contribute to benefit citizens and businesses around the country. I don’t know if these models would necessarily work for the patent office, but I think the idea warrants discussion, especially as the demand for more rigorous patent review increases.

The confusion created by overbroad patents comes as platforms like GitHub make it easier and easier for software developers to engage in a flexible, responsive, and accessible way. The patent system was built around similar principles, but has become a confusing thicket for most people. To make this partnership successful, the patent office needs to mend the break with innovators while increasing transparency, rigor, and accessibility. I think the startup community can help and Engine will continue to look for opportunities to contribute.

Picture courtesy of Alan Kotok.

Entrepreneurship, Innovation and the Global War for Talent

Innovation – “the process by which individuals and organizations generate new ideas and put them into practice” – has over the past two centuries been the bedrock of the United States’ economic growth and national competitiveness. From the energy to the computer industries, America’s innovative sectors have been the key drivers of the economy, raising living standards and improving workforce productivity.

Last year, the Information Technology and Innovation Foundation and the Kauffman Foundation released the Global Innovation Policy Index and benchmarked the effectiveness of the innovation policies of 55 countries - including virtually all countries in the European Union, those in the Organization for Economic Co-operation and Development (OECD) and the BRIC economies (Brazil, Russia, India & China) among others. The Policy Index assessed nations based on seven core innovation policy areas: trade and foreign direct investment, science and R&D, domestic market competition, intellectual property rights, information technology, government procurement and high-skill immigration.

Based on the index, the United States placed in the top tier in every category except openness to high skill immigration.

As the competition for global innovation leadership intensifies, countries around the world are strengthening their innovation policy agenda to attract the world’s brightest and best. Just this month, Canada announced that it will roll out a startup visa that will encourage partnerships between foreign innovators and the Canadian investment community.

Singapore which has for long been ranked by the World Bank as the world’s easiest company to do business in has rapidly risen as a magnet for foreign entrepreneurs looking to establish their businesses attracted by provisions such as the EntrePass designed to facilitate the entry and stay of entrepreneurs.

Chile’s startup program, “Startup Chile” is well known for attracting early stage businesses to start their business in Chile with the ultimate goal of attracting world-class early stage entrepreneurs to start their businesses in Chile and converting Chile into a global innovation hub.

Staying competitive in the global economy will be determined by a myriad of factors; key of which is the global competition for talent. As the market for talent becomes more and more diffuse, smart policy should focus on attracting the world’s best to innovate and create the next game changing businesses.

Celebrating The Free and Open Internet

One year ago today, the internet community came together as never before. Users, entrepreneurs, policy experts, and activists united to defeat the Stop Online Piracy Act and Protect IP Act. The downfall of SOPA and PIPA opened a new chapter in internet and technology-based activism and sent a resounding message to Washington: protect the free and open internet.

Today, we’re launching “Stop The Wall” a video that shows how Engine fought to stop SOPA and PIPA, and how we as a community succeeded through the dedication of so many engaged individuals across the United States who took the time to call their legislators.

With the new Congress, we aim to make startups and entrepreneurship a central priority for lawmakers -- beyond copyright. Patent, immigration, spectrum, data, and financial regulation will all be debated in the coming months. The Engine team expects to be at the fore of these debates, connecting our members to Washington and reminding policymakers that the internet is powering our economy.

The last year hasn’t been without its blows. The recent passing of Aaron Swartz is an immeasurable loss, foremost to his family and friends, and also to the internet’s collective voice. Demand Progress, Aaron’s organization with whom Engine collaborated during the SOPA/PIPA fight, is just one aspect of his important body of work, which touches everything from public policy, Creative Commons, Reddit, and RSS. As we celebrate our community’s efforts on January 18th last year, we also remember Aaron and strive to continue the work he devoted his life to.

Tonight, we’re gathering with members, friends, and fellow activists to celebrate the end of SOPA and PIPA. We will also reflect on the life, work, and spirit of Aaron Swartz.

His life demonstrates yet again the power of the internet to enable one voice to overcome a chorus of conventional wisdom. Aaron empowered many in the fight against a closed internet and obsolescent legal structures. Engine aims to continue this fight and to act as an agent of change in government.

Thank you for your commitment in 2012. The internet is, and will continue to be, better because of the work of people committed to our internet and our economy.

After CES: One More Thing About Patents

Startups are taking the lead in the debate on patent reform, but the nature of litigation is keeping too many victims silent. Settlements agreed to by startups often prevent information from coming out about the hardships faced by entrepreneurs.

On Tuesday, I had the opportunity to sit on a panel at the Consumer Electronics Show with patent experts from groups including Google, EFF, and Newegg. A lot of ground was covered (find great roundups in Ars Technica and Forbes), but we ran out of time before addressing one of the most critical issues facing startups: the inability of many companies to discuss cases after settling.

Why is this big deal for startups? As moderator Marvin Ammori pointed out at the end of the session, his call for questions on Twitter was answered by a host of direct messages from entrepreneurs unable to discuss the terms of settlements made. This opacity prevents a truly comprehensive understanding of the damage wrought by entities abusing bad patents.

Not much can be done to combat the silence imposed by gag orders and NDAs, but
Congressman Peter DeFazio, an Oregon Democrat, highlighted legislation during the panel that will help start the conversation on litigation reform in Congress. By decreasing the incentives to litigate, it is hoped that some of the thousands of annual patents suits may be prevented.

Startups can’t afford to be silent about the pain caused by the patent system. Engine is working to gather the stories of entrepreneurs to share with lawmakers. If you have a story to tell about the patent system, please reach out to me at edwardg@engine.is. Together we can change the way the patent system works.

Startups Set the Stage for Patents at the FTC

The Federal Trade Commission held a workshop on patents on Monday, December 12, bringing together lawyers, academics, and industry experts to discuss issues surrounding patent litigation in the United States. Concern about startups drove the conversation at the workshop as the biggest losers in the increasingly litigious patent ecosystem, especially in presentations by Colleen Chien and Carl Shapiro.

Lawsuits filed by patent assertion entities (PAEs) -- companies that focus on buying patents for the purpose of litigation -- have increased 61 percent in 2011, according to Chien. Shapiro noted that large companies absorb the costs created by patent litigation, but that high costs for startups are emblematic of the potential harm to innovation created by PAE litigation.

As we’ve pointed out before, startups face steep costs when confronted with patent suits, especially compared to larger companies. Despite this fact, the discussion about patent litigation has centered on the battle over smartphone patents between companies like Apple, HTC, and Motorola.

We’re working to move startups to the center of the debate over patent litigation and patent reform. Reforms enacted last year in the America Invents Act provide some short-term fixes that can protect startups that have been sued. More steps are needed to protect entrepreneurs and innovation in the longer-term. At Engine, we encourage more discussions like the one the FTC held this week, bringing together stakeholders from across the ecosystem to learn from their expertise and experience.

Photo courtesy of Priya Deonarain. 

Tell Congress to Protect Startup Data

Today, Engine and a coalition of more than 20 organizations call on Congress to require law enforcement to secure a warrant before asking businesses turn over user data. Data plays an increasingly important role for startups. This week, the Senate Judiciary Committee is slated to vote on a proposal that would change the Electronic Communications Privacy Act (ECPA) rules outlining how the government can access digital data.

ECPA was enacted in 1986 and is in need of an update. Innovations like cloud computing are available to businesses of all sizes and have changed the way data is stored and transmitted. The government must set clear due process protections -- such as securing a warrant -- to access consumer data through businesses.

Startups and other innovative companies leverage all sorts of data to make products better, ranging from location data to make map applications more accurate, to transaction information that prevents fraud. A lack of clarity under the current law imposes problems for companies.

Uncertainty about compliance increases legal costs that most startups are generally unprepared to take on. Also, giving up customer data can erode the trust of users. Receiving a complex legal request from the government for user data can put startups in a bind, forcing them to decide between absorbing unforeseen legal costs or alienating current and prospective users.

Engine has joined with a coalition of technology, industry, and civil liberties organizations to call on Congress to reform ECPA in order to create greater legal certainty around user data. Today is your chance to get involved by telling the Senate Judiciary Committee to make data, privacy, and due process a priority.

Click here to tell Congress that your digital data deserves the same protections as your mail and phone calls. You can also tweet at any or all of the members of the Senate Judiciary Committee listed below to tell them that protecting data matters to startups.

Chairman Patrick Leahy @SenatorLeahy

Ranking Member Charles Grassley @ChuckGrassley

Sen. Herb Kohl contact form

Sen. Dianne Feinstein @SenFeinstein

Sen. Orrin Hatch @Orrin Hatch

Sen. Chuck Schumer @ChuckSchumer

Sen. Jon Kyl @SenJonKyl

Sen. Dick Durbin @SenatorDurbin

Sen. Jeff Sessions @SenatorSessions

Sen. Sheldon Whitehouse @SenWhitehouse

Sen. Lindsey Graham @GrahamBlog

Sen. Amy Klobuchar @amyklobuchar

Sen. John Cornyn @JohnCornyn

Sen. Al Franken @alfranken

Sen. Michael Lee @SenMikeLee

Sen. Christopher Coons @ChrisCoons

Sen. Tom Coburn @TomCoburn

Sen. Richard Blumenthal @SenBlumenthal

Startups Can’t ‘Give It A Rest’ on Software Patents

David Kappos, head of the United States Patent and Trademark Office, gave a presentation yesterday morning telling those claiming the patent system is broken to “give it a rest.”

Kappos approached the debate over software patents in context of smartphone lawsuits between large corporations like Apple and Samsung. He admonished detractors of the patent system to “get the facts.” Here at Engine, we’ve been following developments in the patent system closely; the fact is startups can’t afford to give it a rest under the current patent regime.

The economics are clear: startups fuel net job growth in the U.S. economy. Small, technology-focused businesses are developing innovative products and promoting competition. Software patents are a real challenge to young firms that don’t have the legal resources to defend themselves against non-practicing entities -- often called trolls -- that use patents for litigation instead of innovation.

A June paper from Boston University showed that patent trolls cost companies $29 billion in 2011 in direct costs from litigation. While large companies pay more of the overall settlement and legal costs, the expenses make up a greater share of smaller companies’ revenue, according to the research.

Last Friday, we attended a conference aimed at finding solutions to the software patent problem. Hosted by the High Tech Law Institute at Santa Clara University Law School, lawyers, software engineers, and activists came together to discuss possible solutions. Legal, procedural, and economic ideas were floated, but investor Brad Burnham of Union Square Ventures made a critical point, saying that 25 percent of USV’s startups had been sued and that half had received demand letters. Suits like these don’t just cost companies revenue; they threaten the survival of startups and destroy jobs.

Policymakers like Kappos must recognize the existential threat bad patents pose to young companies. While he emphasized new review procedures available to PTO after passage of the America Invents Act, the fact is that the measures in place insufficiently protect small companies facing predatory patent suits. The last thing the startup community needs to do is to give software patents a rest. At Engine, our community aims to lead the discussion on how to move forward.

Picture courtesy of Alan Kotok.

Technology for Economic Progress

Nmachi Jidenma is an international development specialist passionate about using technology for development. She focuses on International Entrepreneurship at Engine. @nmachijidenma

Last week, I was at the Techonomy 2012 conference in Tucson, Arizona, where about 250 technology and business leaders gathered to explore how technology and innovation can accelerate progress in business and society. At the conference, various issues at the intersection of technology and the economy were explored in what proved to be an enriching, intellectual dialogue. From futurist Ray Kurzweil’s discourse on the merger of man and machine, to researcher Gordon Bell’s discussions on lifelogging and its impact on augmented memory, I left the conference with a stronger faith in technology’s role in improving society.

Among the various “techonomic” issues explored, what struck home for me was the impact a mobile world and big data can have in transforming economies in emerging regions of the world.

In recent years, the world has witnessed an explosion of data as billions of new devices connect to the Internet. By some estimates, in the past two years, ten times more data has been created than in all of human history. Though the privacy and security implications of this data remain issues of concern, its potential use cases are significant. When used for good, big data can be used to mine and model various social issues around the world from food shortages to the dynamics of global urbanization.

In regions like Africa, the impact can be tremendous. Already, the continent is experiencing paradigm-shifting growth. In the past decade, six of the world’s top ten fastest growing economies have been from Africa. With the current boom in mobile technology adoption, the potential of technology to enable the continent to leapfrog decades of economic progress and usher in prosperity for the populace is immense. From finance to healthcare, there is an opportunity to empower hundreds of millions of people through a confluence in the use of mobile technology and big data intelligence. The runaway success of M-Pesa in Kenya provides evidence of the sort of revolutionizing effect technology can have on emerging economies. The hope is that the next decade will usher in smarter governance through mobile data.

At the same time, the rising influence of robotics technology and its future impact on the face of unemployment and job growth both in the U.S. and abroad is of particular importance. As robotics ushers in more efficiency and just-in-time processes to a dynamic planet, how do these trends affect job growth domestically and internationally as well as the future of work? How do they affect the future of emerging regions of the world and their future roles in the global economy? How do they affect business processes such as outsourcing and the skill sets needed to compete in an increasingly automated world?

At Engine, these questions are important to us because they bring to the fore technology's important role in shaping the global economy. We are passionate about how things like mobile and big data can be used for good around the world, especially in emerging regions where technological progress can significantly fast track development. There is a unique opportunity for governments to use actionable information from data patterns to shape policy in a rapidly changing world. That way, we can build a smarter planet and a more prosperous future for all.

Why Open Wireless?

Wireless communication has fundamentally changed the way we use technology and do business. It’s easy to take for granted the ubiquitous nature of wireless services in the United States today, especially as LTE rolls out providing more robust options. The speed with which data-hungry devices are being adopted, teamed with a limited amount of available spectrum, has led to what some call a “spectrum crunch,” contributing to problems like dropped calls and stalled downloads as well as data caps and other pricing mechanisms aimed at limiting ever-growing data consumption.

In light of these issues, Engine has joined with the Electronic Frontier Foundation and 11 other groups to support the Open Wireless Movement, a coalition of advocates, companies, organizations, and technologists working to develop wireless technologies and to encourage internet openness. Strengthening the wireless ecosystem isn’t just about bad service on your iPhone or poaching your neighbor’s WiFi; effective, efficient, and secure wireless communication options will propel future innovation and economic growth.

The Open Wireless Movement is about more than wireless hotspots. It links service providers, businesses, and engineers to develop networks around the country that are free, secure, and reliable for everyone. By emphasizing the benefits of sharing, we aim to create new ways of thinking about the wireless ecosystem.

Now you might say, “The Federal Communications Commission is planning new spectrum auctions in the next few years. What’s the problem?”

Even with new blocks of spectrum up for auction, the demand for wireless data is projected to continue to grow rapidly. If we don’t change the way we approach spectrum through public policy and private deployment, we will limit opportunities for startups to create new products by harnessing wireless technologies.

Doing so will require not just forward-thinking policies, but a move toward open and shared technologies. Focusing on -- and increasing the success of -- unlicensed technologies like Bluetooth, WiFi, and RFID will be central to our success. These technologies have empowered innovators to experiment with and build low-cost, reliable devices and protocols that have led to the rise of successful segments of the technology ecosystem.

New auctions ought to continue the FCC’s track record of creating fair markets for commercial-use spectrum for wireless carriers. These auctions should increase their focus on access to spectrum for small and regional wireless companies that can push innovation in local communities.

We must also recognize that the use of auctions and unlicensed technologies is not a zero-sum game. WiFi and carrier-owned spectrum have proven to be exceptional complements. Moves to marginalize unlicensed spectrum allocations or artificially increase auction prices harm consumers, innovators, and businesses. Recommendations made by the White House in July that the federal government share some of its spectrum with commercial users may increase our access to the public resource, opening the door to even more technologies that will push innovation forward.

The Open Wireless Movement is one step in a broader rethink of how we access the internet. Engine is excited to be on board and we encourage you to read more about the project, learn how you can promote the cause, volunteer to help engineer new wireless solutions, or get updated on how to make your wireless network part of the movement.

Image via Wikimedia Commons

reroute/sf: a New Model for City-Startup Collaboration

This weekend Engine, along with the City of San Francisco and friends in the tech community, will co-host reroute/sf, a hackathon in which engineers, designers, and business minded folks will form teams to build technology that aims to improve transit in San Francisco.

When our team met with representatives from the City of San Francisco and the SFMTA eight months ago, our message was simple: let’s work together to find technological solutions to overcome the transit challenges affecting the city. Access to transit is important for growing businesses aiming to establish and keep their headquarters in San Francisco.

The problem? Finding a constructive way to address San Franciscans’ transit frustrations in a way that works within the City’s infrastructure and resource constraints. To avoid the pitfalls of similar attempts and ensure real change, a new approach had to be taken -- we had to work closely with the City and local civic organizations to engineer immediately applicable and actionable solutions.

Mark Wills, a designer at Hattery, came up with reroute/sf, a hackathon that uses technology to address problems that citizens and the City agree need to be fixed. We worked together with local officials to determine the core challenges that technology might be able to solve, and we have energized the technology community behind the potential to make their city a better place to live.

This weekend, we’re ready to open our doors for reroute/sf, with the hope that our friends who code, design, and pitch will deliver interesting and useful inventions to help improve our City. The SFMTA has committed to working with the winning teams to make their innovations real, and Google Maps has generously provided grants for the winners to support this collaborative work.

While we aspire to produce new transit technologies this weekend, we also hope for reroute/sf to be a model for future partnerships between the City and the startup community.

KC Startups for Open Internet

The Internet 2012 Bus Tour stopped off the campaign trail in Kansas City on Sunday, to participate in a panel hosted by the Kauffman Foundation on the future of entrepreneurship.

The internet bus tour, making its way from Denver, CO to Danville, KY, started its route after the first presidential debate last week. The aim? To show that a free and open internet isn’t a partisan issue or one restricted to small areas of the country. The bus, which will carry a group of reporters and Reddit co-founder Alexis Ohanian among others, will travel through the heartland to meet with people and collect stories of how they use the internet.

The event on Sunday was an opportunity for the Internet Bus riders to hear from the Kansas City startup community about how the internet has enabled their businesses to thrive. Kauffman’s Cameron Cushman told Engine; “The future of entrepreneurship is going to involve technology in some fashion. We need to make sure the internet remains a medium that entrepreneurs can use.”

Panelists included local entrepreneurs from AgLocal,Leap2, and Neighbor.ly. Jase Wilson from Neighbor.ly, a civic engagement platform that allows people and companies to invest in civic projects they want to see carried out in their cities and neighborhoods, spoke to Engine about the importance of campaigning for an open internet: “Open internet enables us. Neighbor.ly along with countless other e-commerce systems would be a non-starter if the internet were beholden to interest groups. We're able to try out ideas and provide a valuable service for next to nothing thanks to the open internet. The cost of participating as a platform in a non-open internet would skyrocket, removing lean startups like ours from the ecosystem.”

And that ecosystem is vital not just to the health of the entrepreneurial community in Kansas or any other individual community in the United States. Entrepreneurship is driving job growth across the country, and a thriving and open internet is vital to the continued recovery and growth of the economy. We’ll be tracking the bus as it rolls across the country campaigning for the internet, hitting the innovation hot spots in the heartland and further amplifying the voices of entrepreneurs and internet users from coast to coast.

Startups, Privacy & the FTC

Derek Parham is a startup advisor and a member of the Engine steering committee. This is an opinion piece and should not be construed as legal advice. @derekparham

Too few startups understand complex compliance requirements and the government could better communicate guidelines and regulations to entrepreneurs. This was the consensus reached at a roundtable meeting with Commissioner Maureen Ohlhausen of the Federal Trade Commission and members of the San Francisco startup community Wednesday morning.

The Commissioner joined members of San Francisco startup community at Engine to speak about the agency’s outreach to entrepreneurs and small businesses. Discourse between the startup community and Washington is critical to bridging the divide between the two groups. This kind of hands-on information sharing is invaluable to making sure policymakers gain technical experience with the real-world application of new technologies that they are regulating.

The FTC is eager to get startups involved in its consumer protection process. The problem is, small startups may not have the resources -- or the wherewithal -- to focus on compliance with FTC regulations. They are directing their resources toward growth and dealing with regulations is sidelined until the company gets big enough or successful enough. Often the compliance department of a company doesn’t exist until the startup is thinking about going public. But there are simple ways for startups to meet basic requirements. FTC regulators care a lot about the statements in privacy policies. So making a concerted effort when creating it, as well as checking it monthly to make sure it is still accurate is a super easy way to make regulators happy -- not to mention your users.

We need our community to become educated on FTC regulations that impact them. Privacy policies do matter, no matter how big your company is right now. And the FTC in turn needs to continue the open discourse with our community that we saw yesterday with Commissioner Olhausen at Engine. The FTC maintains a website, and a very active twitter feed which provide an avenue for keeping up on regulatory changes that are likely to impact your company. And of course, watch this space.

Colleen Chien Patent Research: Startups Paying the Price

Patent lawsuits create big problems for small companies and startups which pay a larger share of their revenue and resources fighting them than larger companies, according to research published by Santa Clara University Professor Colleen Chien.

In July, Chien testified before the House Judiciary Subcommittee on Intellectual Property about the need to change a patent system that harms entrepreneurs and innovators more than it helps. Afterward, Engine sent out a call for startups who had been affected by patent litigation to share your stories with Chien to assist with a study into the impacts of patent litigation on startups. Chien listened to your stories, tabulated the survey results, and used them concurrently with her comprehensive analysis of patent litigations from 2005 to present. The findings:

• Small companies are more likely to experience “significant operational impact” due to patent demands.
• Monetization of software patents is an iffy investment. Few software patents are actually valuable, and the patent market is a risky lottery type situation rather than something investors or companies can rely on. 
• Most startups don’t patent anyway because of the expense.
• Startups are often targeted because they are users of technology -- like retail or hospitality outlets that have WiFi.

Startups and small companies are among the most negatively impacted by patent litigation. The need to protect America’s startups, and to create an environment that isn’t chilling to new firm establishments, is vital to our continued economic growth and job recovery.

Chien notes that existing proposals, like the SHIELD Act, may work differently for startups than they do for larger and more established companies, who are more constrained by time and resources and thus cannot bear even the lessened drain on resources that these reforms provide. The SHIELD Act functions on a “loser pays” system in which the costs of invalid suits or non-infringed cases are paid by the bringer of the case. However, in the case of a small startup, the resources and time drained in order to prove that the suit is invalid or prove non-infringement may still be too high.

Policymakers need to be aware of the high costs patent litigation imposes on startups under the current system and under proposed reforms. The entrepreneur community should guide policies that lessen potential negative effects on startups and young businesses. Startups are the key to economic growth and global competitiveness in this country, and government regulation needs to reflect this.

FCC Auction Rules to Impact Startups

Startups should keep an eye on the launch of the incentive auction system which the Federal Communications Commission will address in its open hearing Friday. The FCC, the independent government agency charged with oversight of communications technologies, is reconvening after the usual summer lull in Washington. The agency is tackling issues startups should monitor, including rules for new spectrum auctions.

Startups are generally less concerned as to how spectrum is made available than with how quickly it is made available. The importance of the airwaves to entrepreneurs is clear; wireless communication has propelled the growth of a new segment of the economy with the introduction of smartphones and tablets. The sooner more spectrum can be made available, the sooner more new companies can develop products and services for customers.

The FCC auctions airwaves for exclusive use by companies like AT&T and Verizon. It also opens them to “unlicensed” use which allows innovators to create technologies on particular frequency sets. Incentive auctions function by relocating television broadcasters to shared or unused channels to open new swaths of LTE-capable spectrum. This move, however, may squeeze frequencies approved for unlicensed technologies between television channels that are called white spaces.

Rulemakings introduced by the FCC starting Friday will impact three areas critical to innovation:

• Sharing spectrum with government users. The FCC is moving forward with a plan to allow commercial and government entities to share the same airwaves, increasing the amount of available spectrum for innovative applications.
• Incentive auction rules. A rulemaking has been proposed that will address the incentive auction system. Auctions are complex and rule-driven. Any tweaks may protect or endanger unlicensed spectrum proposed for open use by innovators and startups.
• Satellite spectrum regulation. The commission is considering a rulemaking to reduce the regulatory burden on satellite services with the goal of encouraging the development of new consumer satellite communications technologies.

The FCC is aware of startups concerns. We asked FCC Chairman Julius Genachowski during a September 11 Twitter town hall about the

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commission’s plans to boost startups. Genachowski pointed to the incentive auction plan to create a nationwide band of unlicensed spectrum for experimentation as a critical step in innovation and entrepreneurship in the wireless ecosystem.

Engine will continue to follow the FCC moves as it builds toward an entirely new auction system. We encourage the commission continues to recognize the importance of startups and to listen to entrepreneurs and makers of disruptive technologies as they consider new rules.

Image via Wikimedia Commons

CircleUp Cofounder Rory Eakin on JOBS Act

The passage of Jumpstart Our Business Startups Act in February was praised by entrepreneurs and investors as a long overdue update to the startup financial regulation landscape. The JOBS Act eases access to investors for startups raising capital by removing the ban on general solicitation and allowing equity crowdfunding. However rules need to be set by the Securities and Exchange Commission before these provisions can be taken advantage of by startups.

Rory Eakin, cofounder of CircleUp, a startup that connects startups and investors, testified at a Joint Session of the Committees on Oversight and Government Reform and Financial Services September 13 to urge government to rapidly implement provisions of the bill. He spoke to Engine about his experience as an entrepreneur engaging directly with policymakers about the issues that affect his startup. Eakin’s testimony served as a reminder of the spirit of the bill as well as a timely nudge to keep the implementation process in motion, and demonstrates the value of startups participating in the policy making process.

Engine: How was the experience of testifying?

Rory Eakin: It was tremendously exciting, and pretty encouraging to see the level of engagement and attendance from the two subcommittees and on both sides of the aisle. There was a lot of enthusiasm for the JOBS Act. Many people have different perspectives on the ways it should be implemented, but there’s a lot of unity on the overall mission to support startups and to help them grow.

E: In your testimony you talk a lot how JOBS Act might help to open the investor market up. How do you think this would help your business and other startups?

RE: One of the most important messages we were bringing to light at the hearing is how concentrated the early stage investment market is. When you look at the data, a lot of venture capital and angel investment is concentrated in technology startups and in specific geographies. The real benefit of the JOBS Act for CircleUp is being able to spread investment to broader geographic areas and to areas not historically associated with early stage investment. CircleUp connects high growth startups to networks of accredited investors -- the JOBS Act represents a great opportunity to lift some of the burdens associated with investment in companies or geographic areas not previously well served by investor networks.

E: The rules just came out for the changes to general solicitation last month -- what impact do you think this provision will have for startups?

RE: We haven’t seen a direct benefit yet because we’re still waiting for implementation. Title II (the change in general solicitation) to us is the most important part of the bill, because it will enable companies to reach out to their consumers, and others very familiar with the brand already, to inform them that the company is raising capital and there are opportunities to invest. It’s a way of making a more efficient marketplace where buyers and sellers can come together. We want there to be an ecosystem that attracts high quality companies and high quality investors. We’re also anxiously awaiting the rules for Title III, crowdfunding, which will be very important for a number of other startup companies in gaining access to investor capital which will allow their businesses to grow and thrive.

E: What advice would you have for other entrepreneurs about engaging with policy that directly affects their business?

RE: There’s a lot of receptivity in Washington for hearing the perspective of startups. We found our way to the panel through our own blog. It was a relatively smooth path from engaging with the issues through writing about the subject to then providing testimony. Legislators have so much on their plate -- the role of the startup in this situation is to make it accessible for them to understand how policy and legislation affects startups both negatively and positively. We take our knowledge on these issues for granted, but translating them for the legislator audience is key -- which is an important part of what you do at Engine. Implementation of JOBS Act is an ongoing issue, and we hope more folks pay attention to and recognize they can be influential in DC - I’d love to connect with anyone who is looking to do that through twitter @circleup.

Read or view Eakin’s full testimony

Congress: Pass Bipartisan STEM Visa Legislation This Year

Earlier today, Engine Advocacy released a letter to Members of both Houses of Congress, strongly advocating for legislation this year to increase access to visas for qualified, highly-skilled, foreign-born graduates of Science, Technology, Engineering and Mathematics disciplines from U.S. universities.

The letter can be read here, and we urge you to contact your Members of Congress as well, and tell them to move on important legislation this year.

Internet Radio Bill Good for Innovation, Startups

While the internet and startups play a critical role in driving innovation in content industries, the relationship between incumbent companies and their young competitors has never been harmonious. From the advent of radio to the launch of Napster, disruptive technologies have experienced legal barriers to markets. The Internet Radio Fairness Act of 2012 -- introduced by Oregon Democratic Senator Ron Wyden in the Senate and Utah Republican Representative Jason Chaffetz in the House -- will help boost web-based music services by leveling the playing field for all radio broadcasters.

Internet radio broadcasters pay higher rates to play the same songs than other music distributors using different technologies. An August Brookings Institution paper on the rate differential concluded that the policy discourages new companies from entering the market. The paper notes that internet radio companies may be compelled to pay a larger share of their revenue to acquire the rights to play music than other radio services using different technologies, such as satellite radio.

Constant innovation drives the music industry. Where iTunes and Pandora began disrupting through digital distribution, companies like Grooveshark, TuneIn, and Spotify continue to push the envelope. Young businesses often have the greatest difficulty maintaining steady revenue flow. Government shouldn’t be in the business of increasing barriers to entrepreneurship and propping up incumbent industries. We welcome Senator Wyden and Representative Chaffetz’s bills and encourage Congress to pass legislation that promotes competition in all markets.

Watch Commissioner Brill @ Engine for State of the Net West

Commissioner Julie Brill of the Federal Trade Commission joined us yesterday to discuss issues impacting technology companies at an event co-hosted by Engine as part of the Congressional Internet Caucus’ State of the Net West series. The commissioner heard from entrepreneurs, policy wonks, journalists, and activists in the technology and startup ecosystems. You can watch the event in full here:

FTC Commissioner Julie Brill @ Engine from Engine Advocacy on Vimeo.

We are encouraged by federal regulators’ increased interest in connecting with entrepreneurs on policies that influence their businesses. Q&A from the crowd touched on a number of tech policy subjects including Do Not Track standards, the Children’s Online Privacy Protection Act (COPPA), the commission’s work on mobile app privacy, and its actions against larger companies like Facebook and Google. The conversation primarily centered on regulations’ impact on innovation across the internet economy.

The FTC has focused on providing guidelines to developers to better and more clearly inform mobile app users. A recent Pew Internet and American Life Project survey found that more than half of people that use apps decided not to download a program based on information about the data it would need to collect to operate. It will be important for the commission to keep in mind the sophistication of users as it continues to pursue guidelines on the amount of information and disclosure imposed on mobile developers.

We will continue to host events that connect entrepreneurs and startups to policymakers and we hope to continue our partnership with the Congressional Internet Caucus in the future. If you would like to find out more about Engine events join us as a member and we’ll keep you in the loop.

Startups: Talk Data Reg with FTC Commissioner Brill

Engine is excited to host a townhall with Commissioner Julie Brill of the Federal Trade Commission Wednesday at 4:00 pm. Join us for the event at The Hattery in SOMA (414 Brannan Street, San Francisco, California). Video will be available after if you can’t attend. We’re bringing together startups, entrepreneurs, policy wonks, and lawmakers to talk about data, privacy, and other policies that impact small businesses and technology firms. Commissioner Brill’s visit is part of the Congressional Internet Caucus’ State of the Net West series.

Why should startups care about the FTC? The agency has been working to create guidelines for businesses on consumer privacy, releasing its “final report” on the subject March 26. Data exchange is central to the relationship between internet-based businesses and their consumers. Maintaining and enhancing trust between innovators and users will be critical to the continued success of startups across the web.

While the commission has focused on large tech companies, search engines, internet service providers, data brokers, and web browsers, perspective from dynamic young companies may help in the construction of policies that preserve the internet ecosystem that has opened doors for entrepreneurs.

Large companies tend to have established practices that are easily conveyed to users and the government. Startups, on the other hand, often change strategy, business model, or size rapidly and require a great deal of flexibility. Policymakers must be mindful of these difference as they consider rules that would affect tech companies of all ages and sizes.

Data’s regulation is one of the areas addressed in the issue book we circulated at the party nominating conventions a few weeks ago. So far, the government has taken a relatively low-impact approach to the regulation of data in the form of privacy, cybersecurity, and data breach rules. Calls for the government to become more involved have intensified in recent years. It’s critical that startups and entrepreneurs make their voices heard in this debate to ensure that the opportunity to innovate remains open.

Dialogue between entrepreneurs and lawmakers like Commissioner Brill will be critical to the success of government and business. For new rules to effectively protect customers, businesses must be able to grow, innovate, and offer new products to consumers. Engine’s goal is to foster these connections, inject startups into the policy dialogue, and promote entrepreneurship in Washington and beyond.

Photo courtesy of Priya Deonarain.

Senators Call for Startup Hearing

Yesterday, members of the Senate Committee on Small Business and Entrepreneurship called for a hearing on the state of entrepreneurship in America, citing the need to support U.S. job creators at a period in time when new startup formation is slowing.

New firm establishments are the driving force in the U.S. economy, responsible for virtually all net new jobs created in the past three decades. Senators Jerry Moran from Kansas, Scott Brown from Massachusetts, and Marco Rubio from Florida requested the hearing in a letter to Chairwoman Mary Landrieu, citing America’s significant decline in international rankings of startup friendliness. “Once in the top five, the United States has dropped nine places in international rankings...in just four years,” the Senators wrote.

How are the Senators suggesting we regain our edge? With startup-friendly policies to encourage entrepreneurship and new firm foundation. Specifically, with Startup Act 2.0, a bipartisan bill introduced in both houses of Congress earlier this year, and co-sponsored by Senator Moran.

Startup Act 2.0 contains provisions to ease the way for foreign-born entrepreneurs to remain in the country after graduating from U.S. universities, so they can start their businesses on U.S. soil and create local jobs. It provides incentives to get R&D from our universities on the market. And it provides tax incentives that could encourage investment in startups to create new jobs, boosting startups in driving economic growth and employment. Engine has been a strong supporter of the policy measures proposed in Startup Act 2.0, with information and a tool for action here. 

We encourage Chairwoman Landrieu to convene this hearing on entrepreneurship in America. Congress needs to hear from the founders and innovators driving the economy and creating the products that will keep America globally competitive.