Startup News Digest 9/25/15

Our weekly take on some of the biggest stories in startup and tech policy:

Startups Defend Net Neutrality Order. The FCC is facing ongoing litigation in the DC Circuit Court of Appeals over the net neutrality rules it passed earlier this year, and on Monday, the court received briefs from a variety of companies and organizations supporting the FCC’s rules. Engine filed a brief along with a group of innovative startups that included Dwolla, Fandor, Foursquare, General Assembly, GitHub, Imgur, Keen IO, Mapbox, and Shapeways. We argue that the FCC’s decision to reclassify broadband as a telecommunications service was necessary to preserve the continued growth of the startup sector, which has in turn driven consumer demand for broadband and incentivized companies to invest in their networks. The court will hear oral arguments in the case on December 4 and will likely render its decision sometime next year.

SEC To Finalize Crowdfunding Rules. Sources at the Securities and Exchange Commission have told Politico the agency is likely to finalize long-awaited crowdfunding rules in late October or early November. SEC rulemaking will put Title III of the JOBS Act into effect, which could radically expand capital access for startups—though the statute does contain some burdensome requirements for companies. While the startup community will be excited to see any action from the SEC in light of an extended delay, we need to ensure that whatever regulatory regime the SEC adopts is well-calibrated and accessible to the small, emerging companies that could most benefit from new sources of capital.

Bush Campaigns Against Open Internet. Most of the Republican candidates in the 2016 presidential race have come to realize that an overwhelming majority of the public supports net neutrality rules (including 81% of Republicans) and have refrained from loudly criticising the FCC’s Open Internet Order. But this week, Former Governor Jeb Bush expressed his opposition to net neutrality (a policy he onced called “one of the craziest ideas [he’s] ever heard”), arguing that preventing ISPs from abusing their gatekeeper power does nothing to enhance consumer welfare. Bush’s comments run counter to both the FCC and the conservative DC Circuit Court of Appeals, which have recognized that net neutrality rules and foster the growth of the edge providers and promotes investment in broadband networks, resulting in better and more affordable service for consumers. It’s a reminder that startups, consumers, and everyone else who benefits from the open Internet should keep a close eye on this presidential race. 

Administration Taking Steps to Promote High-Speed Broadband Access. On Monday, the Broadband Opportunity Council published its first report, which includes 36 actions that federal agencies will take to encourage broadband deployment.  These actions require no new funding, “but existing sources of funding are being opened up and barriers to deployment are being brought down.”  Of particular note is that the White House refers to broadband as a “core utility,” like electricity or water. We tend to agree - broadband is no longer a luxury. Connectivity is core to innovation and the ability of startups to reach customers and scale, and we are pleased to see the Administration taking these steps to bring access to underserved populations and areas of the country.  

White House Considers Encryption. Thanks to some leaked documents from the White House, it’s rumored that President Obama may come out in opposition to a law that would require firms be able to unlock their customer’s encrypted smartphones and applications. Up to this point, law enforcement has argued the need for backdoors to encryption to ensure national security and safety. This sort of advocacy from the White House would help repair global trust in the US government, countering the narrative in Europe that the US is trying to expand its surveillance activities. Meanwhile, the American Civil Liberties Union (ACLU) and other privacy advocates continue to push the importance of US government’s use of encryption to promote both personal privacy and national security.

“Facebook giveth and Facebook taketh away.”  The Wall Street Journal reported this week that dozens of startups have “shut down, been acquired or overhauled their business” as a result of Facebook’s new policies limiting outsider access to some of its users’ date. Facebook’s rules, which went into place in May, restrict what data can be used by third parties like startups, academics, politicians or organizations.  Other social media giants like LinkedIn and Twitter have enacted similar policies, signaling to the startup world that if you are building a product or service that relies on data from social media sites, that data may not always be available...

ECJ Advisor Deals Blow to U.S. Tech Companies.  In other data related news, a European Court of Justice (ECJ) advisor issued an opinion this week that the “safe harbour” agreement allowing for data transfers between the EU and the U.S. is “invalid” due to growing concerns around U.S. surveillance practices.  While the lawyer’s opinion is not legally binding, if cemented by a formal ruling it would create a headache for U.S. tech companies who could face data localization requirements in any EU countries.

Women Tech Leaders. Fortune profiles some of the powerful female talent Google has been able to attract at the executive level, including Ruth Porat, a recent addition who has led the transition from Google to Alphabet. Many of these executives after building their experience at Google have left to grow smaller tech companies. Meanwhile, Mary Lou Jepsen of Facebook has a different take: she sees many senior women leaving because they feel isolated by the tech industry.

Startup News Digest 9/18/15

Our weekly take on some of the biggest stories in startup and tech policy.

Tech and 2016. In case you missed it, check out Julie talking about tech and the 2016 election on KCRW’s Press Play with Madeleine Brand.

FCC Opens Up Business Broadband Data to New Eyes. On Thursday, the Federal Communications Commission (FCC) announced that it will release data on the little-understood special access market. While most consumers have never heard of special access lines, you probably unknowingly use them every day. They are the high capacity business broadband lines that allow ATMs to connect directly to your bank or cell phone towers to connect back to the network. Competition in this industry is sorely lacking, with just two providers covering most of the U.S. and jacking up prices for the startups, universities, hospitals, and other businesses that use them. While the data will only be accessible to analysts approved by the FCC, its release represents a step in the right direction towards more transparency, increased competition, and lower broadband prices.

Senate Committee Considers ECPA Updates. The Senate Judiciary Committee held a hearing on reforming the Electronic Communications Privacy Act (ECPA) on Wednesday morning. As we’ve covered in past digests, it's still legal for law enforcement to access your emails and other digital data without a warrant. Last week, the California legislature passed a bill to modernize these outdated digital privacy laws at the state level. Still, a federal overhaul of ECPA would be an even better fix, bringing these laws out of the digital dark ages.  Sens. Lee (R-UT) and Leahy (D-VT) have proposed a bill in the Senate, and there is similar legislation in the House. We’ll be tracking reform efforts.  

Dancing Baby Wins Victory For Copyright Fairness. The courts ruled this week in Lenz v. Universal, the famous “dancing baby” case. As Evan writes, “The Lenz ruling is important for a few reasons. First, it should make it much harder for content owners to abuse the takedown process. […] Second, the decision should serve as a loud reminder that the tech world needs to get to work rebalancing our copyright laws to ensure that they’re actually promoting creativity and expression.”  Read the whole post here.

$81M for CS in NYC. On Wednesday, New York City Mayor Bill de Blasio announced an $81 million public private partnership to make computer science education available to every student in city public schools by 2025. Substantial contributions have come from the Wilson family foundation, the AOL Charitable Foundation, and the Robin Hood Foundation. New York joins Chicago and San Francisco in terms of large cities that have made similar commitments, and we hope to see other cities, states, and the federal government continue to build on such efforts to prepare students for jobs in the growing innovation economy.

The Fight Is On Over Chicago’s Streaming Tax.  A group of Chicago residents have sued the city over its controversial application of the 9% Amusement Tax to online streaming services like Netflix, Hulu, and Spotify.  The Amusement Tax, which applies to events like concerts and sporting games, has been in existence for a while, but was only recently expanded to cover streaming services. And Chicagoans’ bills are already increasing.  As Ars Technica reports, one reader’s Spotify bill went from $7.99 to $8.71 this month. We’ll be watching, as the outcome of this case could have a national impact on the power of cities and states to tax the internet economy.

“Cool clock, Ahmed”. When a Texas middle-schooler’s homemade invention was mistaken for a bomb this week, prompting an outlandish response by his school and local law enforcement, it caught the tech world’s - and the President’s - attention. As a New Yorker writer points out, “His arrest comes at a moment when some of the world’s most influential people...have argued that there aren’t enough U.S. students gaining the math and science skills that will get them jobs in the tech sector."

A Different Kind of Tech Event. We were impressed and encouraged by the conversation at last week’s Tech Inclusion conference in San Francisco, which brought together leaders in Silicon Valley and the national tech community to discuss the challenge of making the tech industry more diverse. Read our take on why this wasn’t your typical tech event and what we took away.

Startup News Digest 9/11/15

Our weekly take on some of the biggest stories in startup and tech policy.

CalECPA Letter to Governor Brown Urgently Needs Your Signature. On Wednesday, the California Assembly passed the California Electronic Communications Privacy Act (CalECPA) with broad, bipartisan support. The bill (which we covered in last week’s digest) would update digital privacy laws by requiring law enforcement to obtain a warrant before accessing an individual’s electronic communications. The bill now heads to Governor Jerry Brown for signature, but opponents are campaigning aggressively for a veto. We’re sending a letter to Governor Brown urging him to sign the bill and modernize an absurdly outdated privacy law. If you are a startup and would like to lend your voice to this fight, please fill out this form by noon on Monday, September 14.

Upcoming Tech Events. Catch our webinar on September 23, “How can startups work with government to promote innovation and new technologies?” Co-sponsored with Gide Public Affairs and ConnecTech, the webinar will look at how to incorporate a government relations strategy and leverage government resources to grow your startup, and how we can all advocate to protect the startup community. Click here to RSVP.

Intelligence Reauthorization Bill Still Held Up Over Terrorist Reporting Provision. As Congress returns to session, a bill to reauthorize funding for intelligence agencies continues to be held up in the U.S. Senate over a provision that would require social media and internet companies to police the speech of their users and report apparent “terrorist activity.” Opponents argue that the bill’s vague legislative language will result in a compliance nightmare for the wide range of companies that will be subject to the bill’s requirements.  Senator Ron Wyden (R-OR) has vowed to block the bill until these concerns are addressed.  We will be monitoring closely, as the currently ill-defined requirements could be overly burdensome and difficult to navigate for many startups.  

An Immigrant Entrepreneur’s Story. "Our immigration system hinders entrepreneurship, innovation and productivity," writes tech entrepreneur, Amit Paka, and we couldn't agree more. Paka shares his story of patiently navigating the irrationally complex immigration system to at long last obtain residency status and become a U.S. citizen. And in that time he also founded two companies, despite significant obstacles. This broken system impedes opportunities for entrepreneurs - the men and women creating new technologies and jobs in this country every day - yet it remains to be seen whether real solutions are in sight.

Patent Reform. Lot’s of news on patents this week. House Judiciary Chairman Bob Goodlatte expressed confidence that patent reform legislation would get a vote in the weeks ahead. The NY Times wrote in an editorial that “patent law should not be used to prevent consumers from reselling, altering or fixing technology products.” And the patent research platform Patexia launched a new initiative using crowdsourcing to help companies share some of the burdens associated with patent litigation. In case you missed it, check out our recent post on the status of patent reform efforts in Congress.

A Safety Net for the On-Demand Economy.  As lawmakers continue to grapple with the gig economy’s dramatic transformation of the American workforce, recommendations are emerging around which policies will best serve the growing class of on-demand workers. On Wednesday, the National Employment Law Project published a report calling on lawmakers to classify on-demand workers as employees and extend a number of protections and benefits to them. Freelancers Union founder Sara Horowitz proposed additional solutions in a New York Times op-ed published Wednesday, arguing for the creation of a “new system of portable benefits” to better provide a safety net for workers in the freelance economy. These are important conversations for the startup community to take part in as the debate continues around how to best support this new class of workers.

Diversity in Tech. African Americans face serious challenges in entering the tech field, even if they live just miles from Silicon Valley. Profiling several new organizations including the Hidden Genius Project, based in Oakland, the New York Times highlights how the tech community’s debates about its lack of diversity have spurred initiatives to educate, train and support underrepresented minorities to enter into and succeed in the industry. African Americans have become an especially important focus: they currently make up only 7 percent of the tech workforce and receive only 1 percent of VC funding. See more on Engine’s work to diversify tech here.

Tech Leaders in Politico 50. The Politico 50 is out, recognizing some of the people transforming American politics this year. The list includes a number of tech leaders, including Engine board member Marvin Ammori, along with Susan Crawford, Tim Wu, Michelle Lee and Chris Soghoian. Congrats to everyone who made the list!

Startup News Digest 9/4/15

Our weekly take on some of the biggest stories in startup and tech policy:

Growing Support for CalECPA.  Right now it's still legal for law enforcement to access your emails and other digital data without a warrant. SB 178, the California Electronic Communications Privacy Act (“CalECPA”), would change that on the state level by modernizing outdated digital privacy laws. The bill passed the California Senate back in June, but still faces a couple of hurdles, including a vote in the Assembly that should take place in the next couple of weeks.  The LA Times just endorsed SB 178, noting that “Californians need the protections offered by SB 178, and the bill deserves the Legislature's support.”  A poll published this week found similar support among California voters, with 82% of participants agreeing that law enforcement should get a warrant before accessing an individual’s digital data.  Engine echoes this endorsement of SB 178 and hopes to see California take the lead on updating its privacy laws to keep pace with the changing digital landscape.

The Future of Higher Education. Daniel Pianko of University Ventures writing in TechCrunch argues that the lack of innovation in higher education is due to a lack of commitment from Silicon Valley billionaires. “Today’s current generation of entrepreneurs are spending their energy and resources lobbying for band-aid solutions like H-1B visas, when they could be reimagining the current pipeline to address the lack of female and minority engineers in their companies.” Pianko points out that it was investment from 20th century titans of industry like Johns Hopkins and Andrew Carnegie that created the modern research university, and forced schools like Harvard and Yale to evolve in order to compete. He also points to non-traditional education models being pioneered at places like Galvanize. Here’s a look back at a deep dive we did on education policy and its impact on innovation.

New White House Hire. The White House announced that they are hiring their first Director of Product this week. Josh Miller, a startup founder who sold his company to Facebook last year will lead efforts to improve their existing digital products and look to develop new ones. Miller has a history of bringing a tech perspective to civic engagement. This marks yet another move from an administration that seems determined to engage with startups to improve the way government functions.  

Diversity in Tech. Troubling new data from the Pew Research Center shows that “businesses owned by women and minorities bring in far less revenue than firms with male or non-minority owners.” The research finds that even when you look at sectors where women tend to fare better, the problem persists. This Fortune article hypothesizes that one big factor may be a lack of investors--a problem that has been documented before. Engine will continue to work on access to capital issues, particularly as it affects founders from underrepresented groups. Stay tuned for more on that in September….  

Drones. The National Journal reports that in the absence of federal regulations, 26 states have now passed local legislation to limit the operation of drones. This patchworks of regulation is causing concerns for operators and commercial users. Hopefully the months ahead will see a thoughtful approach to protecting safety and privacy that doesn’t needlessly throttle innovation in this growing industry.

Car Hacking. The debate over how to make Internet-connected vehicles more resistant to cyber attacks is heating up in Washington. Much of the discussion will center around whether these are problems that can be solved within the industry, or if government action will be necessary to spur automakers to act.

ECPA Pushes Past 235 Co-Sponsors

For the last few months, we’ve closely watched the progress of a bill in Congress seeking to reform and update the Electronic Communications Privacy Act. We’ve discussed the current law’s outdated regulations of our communications infrastructure, but a piece of that could be updated very quickly through Kansas Congressman Kevin Yoder and Colorado Congressman Jared Polis’ Email Privacy Act. Essentially, as we’ve noted before, law enforcement currently doesn’t currently need a warrant to read your email--leaving many startups in the unenviable position of not being able to protect their customers. We think this is wrong, and it turns out a bunch of our elected representatives agree.

Less than a month ago, we noted that the bill had reached 218 co-sponsors, fully half of the House of Representatives, and which, let’s face it, is a monumental achievement with such a divided Congress, and a testament to ECPA reform’s popularity. With this week’s announcement that six more Republican co-sponsors are signing on, that number has now ballooned to 235 and is threatening to climb even higher.

Even as we creep closer and closer to mid-term elections, there are certain things Congress can still do while it’s in session. The Email Privacy Act, which would drastically enhance both privacy and security for Internet users and bring our laws into the 21st Century, is a great example of the “art of the possible” and we encourage the House to listen to itself and pass this much-needed reform swiftly.

ECPA Reform Bill Attracts Majority Support in House

This morning, Congress has taken a significant step towards defining privacy for the digital age in a way that will benefit startup companies and their users. The Email Privacy Act -- a common-sense piece of legislation that would bring ECPA (the Electronic Communications Privacy Act of 1986) better in line with how the Internet actually works -- is supported by a majority of the House of Representatives. This kind of support, before a bill even comes to a vote, is an important sign that policymakers and their constituents understand that something must be done.

The Email Privacy Act gives online documents the same privacy protections granted to physical documents. Specifically, the bill would require government agencies to obtain warrants from a judge in order to force service providers to disclose private emails and documents they store online for their customers.

Since data play an increasingly important role for many startups, any uncertainty over compliance increases the burden of time and resources needed to handle the issue. The current status quo also disenfranchises businesses and consumers, and places an added strain on user trust. Under the current law, a complex legal request from law enforcement would force businesses to chose between facing fines and legal action while protecting their users, or complying with the government at the cost of alienating users.

The Email Privacy Act clarifies existing law, and provides a much-needed update to bring regulations in line with the digital age. We thank Reps. Yoder and Polis for their leadership on this important issue, and with majority support we look now to House leadership to move this bill, and we hope they act swiftly to pass this common sense reform.

Big Day for Open DATA

The Federal Government has taken a big step towards reforming the way it buys, uses, maintains, and publishes data with the unanimous passage of the Digital Accountability and Transparency or DATA Act.

The bipartisan measure, which now goes to President Obama for his signature, would open up the way we track spending across government agencies, and was sponsored originally in the House by Oversight and Reform by Chairman Darrell Issa (R-CA) and Ranking Member Representative Elijah Cummings (D-MD). A companion Senate measure was sponsored by Senators Mark Warner (D-VA) and Rob Portman (R-OH).

What does this mean in practice? Hudson Hollister, Executive Director of the Data Transparency Coalition, explained what the DATA act will do for government transparency in Forbes earlier this month:

If the DATA Act is fully enforced, citizens will be able to track government spending on a particular contractor or from a particular program, payment by payment. Agencies will be able to deploy sophisticated Big Data analytics to illuminate, and eliminate, waste and fraud. And states and universities will be able to automate their complex federal grant reporting tasks, freeing up more tax dollars for their intended use.

This sort of transparency in government allows ordinary citizens to better track how government is using technology, and it will also allow government to better source information technology projects, and understand how tax dollars are being spent in an effort to streamline those multifaceted processes.

Of course, there will also be benefits for the startup community. Understanding how government money is being spent could make it easier for our most innovative companies to break through the procurement process.

We applaud the work of Chairman Issa, Ranking Member Cummings, Senators Warner and Portman, and everyone else who helped shepherd this vital legislation through the Congress. We look forward to continued efforts to leverage data in productive ways. 

Why You Should Care About ECPA Reform

This piece was originally published in Venture Beat

The law that governs our interactions with the Internet was passed in 1986. Yes, the Electronic Communications Privacy Act — ECPA — became law before the Internet was widely used and at a time when most people did not have computers in their homes.

ECPA is out of date and out of its depth. But changing a law that touches as many industries and interactions as ECPA does takes a lot of political appetite and will. So why should you care?

Despite original intentions, ECPA is the touchstone privacy law protecting and governing our information and interactions online. So, among other things, it has been used by the government to argue that anything stored online for longer than 180 days has been“discarded” and therefore does not qualify for Fourth Amendment protection — the freedom from unwarranted search and seizure, and the right to privacy.

In other words, all those emails and Dropbox documents you’ve had for over six months can be obtained by law enforcement without a probable cause warrant. This includes the IRS, FBI, and DEA, as well as state and local law enforcement agencies.

So there’s the personal problem of having our online data unprotected by the Fourth Amendment — but that’s just the beginning. Since ECPA is being used to tackle questions outside of its original scope, and is therefore interpreted at will and applied unevenly, the ensuing uncertainty has an adverse impact on startups (read: small, fast-growing companies that are creating economic value and jobs).

Since data plays an increasingly important role for many technology startups, any uncertainty over compliance increases the burden of time and resources needed to unravel the issue. In addition, laws like this that disempower businesses and consumers place an added strain on user trust. Under ECPA, a complex legal request from law enforcement would force businesses to chose between facing fines and legal action while protecting their users, or complying with the government at the cost of alienating users. During the Occupy Wall Street protests last year, Twitter was caught up in all this while trying to protect a user’s Fourth Amendment rights against the unwarranted seizure of tweets over 180 days old. In the end, however, Twitter surrendered the data to avoid hefty fines.

This obvious disparity between the statute books and reality of how we use the Internet to communicate has already led to a bi-partisan push for reform, championed by the original ECPA author — Senator Patrick Leahy. Senator Leahy is joined by co-sponsor Senator Lee who explained that “when ECPA was enacted, email was primarily a means of communicating information, not storing it. Today, we use our email accounts as digital filing cabinets, where we store many of the personal documents and sensitive information that the Fourth Amendment was meant to protect. This bill takes an essential step toward ensuring that the private life of Americans remains private.”

There is also a reform bill in the House sponsored by Representative Kevin Yoder. The Email Privacy Act has 137 co-sponsors, but if it’s actually going to pass this do-nothing Congress, we need to take action. It’s worth noting here that the 113th Congress is on course to pass less legislation than any Congress in history. So far, it’s passed only 49 laws. The original “Do Nothing’’ Congress denounced by President Harry Truman in 1947, however, passed 906 laws.

And if that’s not a big enough hurdle, all reform legislation is now being blocked by the Securities and Exchange Commission in the hope of a special carve-out so regulatory agencies can continue to access our online documents without a warrant. Clearly, any such exception would undercut the purpose of reform.

So what can you do?

1. Sign the White House petition. Call on the White House to break its silence and stand up for ECPA reform. We need President Obama to tell the SEC to back down in its demands and make clear that the time for ECPA reform is now. The petition needs 100,000 signatures by December 12th. That’s next Thursday!

2. Join the TechFreedom Thunderclap to show your support and raise awareness about the need for reform.

3. Do your own evangelizing on social media using #ECPA and #GetAWarrant. You can also share these infographics from the ACLU and TechFreedom to educate others.

The right to privacy and the freedom from unwarranted search and seizure are not to be taken lightly. And as we live more of our lives online, it is essential that the law catches up.

Right to Know or Right to Innovate?

In recent weeks, California legislators have shown renewed interest in redrafting online privacy regulations, leading to the introduction of over a dozen bills and the creation of a Select Committee on Privacy to help “update California privacy from the brick and mortar world.” Most efforts have been focused on AB1291 -- the Right to Know Act. While supporters of this two-year  bill -- including EFF and the ACLU -- claim it offers more transparency and much needed updates to privacy laws, there are almost no additional protections to users, and the bill imposes significant hardship on startups.

As we spend more time on the internet, conducting more of the business of our lives, online privacy has rightfully come to the forefront of efforts by government regulators and advocacy organizations. Regulations are necessary to protect children, prevent abusive marketing, and allow consumers to make informed choices about the products they use. Unfortunately, Right to Know does none of that.

This bill offers few, if any, improvements to the existing “Shine the Light” law, which already requires businesses to provide information to consumers about direct disclosures of personal information to third parties. At the heart of Right to Know is a new requirement that businesses make all “reasonably available” user data available upon request -- thousands and thousands of pages of it. This ‘give us everything’ mentality might feel right from an intuitive perspective, but it does not improve transparency (what does “reasonably available” even mean?), and it makes data more costly.

For a small startup, this bill is like a regulatory DDoS attack -- there just aren’t enough resources to hunt down all the data about users, especially when you consider the ever-changing nature of databases in growing companies. The beauty of startups is that we collect every piece of information until we can determine what is useful, allowing us to innovate and improve products along the way.

As more consumer-facing services live online, there is a continued need for trust between users and service providers. Startups -- the pioneers of the next great technologies -- need to foster that trust, but giving users thousands of pages of data will not do much to help consumers make informed choices. Right to Know, though well intentioned, will not help consumers make smarter decisions about products, but it could stifle the innovation of startups.

Bill to Amend 1986 Communications Privacy Law Goes to Senate

Senator Patrick Leahy (D-VT.), author of the original Electronic Communications Privacy Act (or ECPA), is once again pushing for amendments that take into account rapid advances in technology since, er, 1986. Passing the Senate Judiciary Committee today, the bill will soon be debated by the Senate.

In Leahy’s own words, the “bill takes several important steps to improve Americans’ digital privacy rights, while also promoting new technologies -- like cloud computing -- and accommodating the legitimate needs of law enforcement.”

Engine, together with a coalition of tech companies, is pleased with the clarity this new act brings to how content can be accessed by government; excluding emergencies, law enforcement must obtain a warrant in order to compel a service provider to disclose the private content of users.

Since data plays an increasingly important role for many startups, uncertainty about compliance increases the burden of time and resources, and puts a strain on user trust. Currently, a complex legal request from law enforcement would force startups to chose between legal action and alienating users.

The bipartisan Amendment Act is co-sponsored by Senator Mike Lee (R-UT). “When ECPA was enacted”, Senator Lee explained, “email was primarily a means of communicating information, not storing it. Today, we use our email accounts as digital filing cabinets, where we store many of the personal documents and sensitive information that the Fourth Amendment was meant to protect. This bill takes an essential step toward ensuring that the private life of Americans remains private.”

Here’s a rundown of this new bill:

• Search warrant required for email and other electronic communications, when those communications are stored with a third-party service provider.
• Requirement does not apply to other Federal crimina or national security laws including Wiretap Act and Foreign Intelligence Surveillance Act of 1978
• Government can use administrative, civil discovery and grand jury subpoena to obtain corporate email and other electronic communications directly from a corporate entity, when the content is on an internal email systemGovernment can use civil discovery subpoenas to obtain non-content information
• Bill eliminates the outdated “180-day” rule that calls for different legal standards for the government to obtain email content depending upon the age of an email
• Government must notify an individual whose electronic communications have been disclosed within 10 days of obtaining a search warrant, but they can also seek a court order to delay this notice in order to protect integrity of ongoing investigations

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

Sen. Michael Lee @SenMikeLee

Ranking Member Charles Grassley @ChuckGrassley

Sen. Dianne Feinstein @SenFeinstein

Sen. Orrin Hatch @Orrin Hatch

Sen. Chuck Schumer @ChuckSchumer

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. Christopher Coons @ChrisCoons

Sen. Richard Blumenthal @SenBlumenthal

Sen. Ted Cruz @TedCruz

Sen. Jeff Flake @JeffFlake

Sen. Mazie Hirono @maziehirono

Photo courtesy of Talk Radio News Service.

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

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.

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.

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.

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.