Weekly Digest

Looking Beyond PPP Loans for Startup Relief

Looking Beyond PPP Loans for Startup Relief

TLDR: Although the U.S. Small Business Administration is once again accepting applications from small businesses for Paycheck Protection Program loans, many startups still remain ineligible for the emergency funding that they need to survive the economic downturn caused by the coronavirus pandemic. It’s critical for lawmakers to pursue other policy proposals that will help startups and small businesses weather the current uncertainty.  

Startups Need More Than Current Relief Loans

Startups Need More Than Current Relief Loans

TLDR: Congress is set to allocate additional funding to the U.S. Small Business Administration’s Paycheck Protection Program to aid small businesses coping with the economic fallout of the coronavirus pandemic, but available loan programs are not doing enough to support startups that are in desperate need of financial assistance. As policymakers continue to evaluate legislative and regulatory responses to the ongoing outbreak, it’s imperative that they pursue policies—such as public-private equity investments, R&D tax credits, and forgivable loans beyond payroll expenses—that can adequately support the nation’s startup ecosystem.

Surveys Show Startups Need Immediate Assistance

Surveys Show Startups Need Immediate Assistance

TLDR: Surveys conducted by Engine and other entrepreneurial organizations show that U.S. startups need further economic relief to sustain their operations in the midst of the coronavirus pandemic. Almost two-thirds of respondents to our survey said their startups are in need of emergency financial support, even as entrepreneurs told us they are still seeking certainty that they will be eligible to apply for existing government programs.

IP Recap - 04/09/20

IP Recap - 04/09/20

During these unprecedented times, the U.S. Court of Appeals for the Federal Circuit is one of the many institutions taking steps to avoid the spread of COVID-19: shifting to telephonic proceedings, releasing live audio of oral arguments, restricting in-person access to court buildings, and modifying operations. But the court is continuing its work, issuing new opinions every day.

SBA’s Affiliation Rules Still Unclear for VC-Backed Startups

SBA’s Affiliation Rules Still Unclear for VC-Backed Startups

TLDR: The startup community is still waiting for clarity about whether venture capital-backed startups are eligible for small business loans included in the $2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act, despite suggestions by federal officials that the issue would be addressed shortly. To better understand the relationship between economic relief efforts and startups, we are asking companies to fill out a brief survey here to help determine how the government can clarify existing rules—such as the SBA’s affiliation rules—to better protect the nation’s startup ecosystem.

COVID-19 Resources for Startups

COVID-19 Resources for Startups

TLDR: COVID-19 has put unprecedented stress on global health systems and the economy, but a variety of public and private institutions are offering resources and developing tools to try and help businesses. We have compiled a list of resources on our website to help startups navigate these uncertain times—from guidance on protecting the health and safety of teams, to information about accessing federal economic relief.

EARN IT Act Threatens Section 230 Protections

EARN IT Act Threatens Section 230 Protections

TLDR: A Senate panel this week is planning to discuss new legislation that calls for Internet companies to agree to yet-to-be-determined best practices around detecting and removing child sexual abuse materials or risk losing their critical intermediary liability protections. While startups and other online platforms share lawmakers’ desire to remove problematic and illegal user-generated content from their sites, the legislation—as currently drafted—threatens to disrupt the protections that have allowed the Internet ecosystem as we know it to thrive for more than two decades.  

New Bill Would Target Stock Options of Startup Employees

New Bill Would Target Stock Options of Startup Employees

TLDR: Senate legislation introduced late last week would tax certain employee stock options upon vesting, rather than upon exercise. Although the bill is ostensibly designed to curtail the tax benefits that CEOs and other high-level executives receive, the legislation would harm the startup community by targeting the stock-based incentives that new companies use to attract top-tier talent.

DMCA Modernization Efforts Must Include Startup Perspective

DMCA Modernization Efforts Must Include Startup Perspective

TLDR: The Senate is convening a hearing later today to discuss the law surrounding accusations of online copyright infringement. As it stands, online platforms (including startups) are not automatically liable for infringement based on content created or posted by their users. As the Senate reviews the law this year, it’s important to consider the interests of startups since changes in the law could create unreasonable burdens on fledgling companies. 

Pro Act Would Unnecessarily Burden Early-Stage Startups

Pro Act Would Unnecessarily Burden Early-Stage Startups

TLDR: House lawmakers are moving towards a vote on legislation that would threaten workers, startups, and larger companies alike by reclassifying many independent contractors as employees. The bill shares many concerning similarities with California’s “gig worker” law that went into effect at the beginning of the year and has drawn considerable pushback from the state’s startup community. 

State Digital Tax Proposals Threaten Startup Ecosystem

State Digital Tax Proposals Threaten Startup Ecosystem

TLDR: As countries continue to debate whether or not to levy digital services taxes on tech companies, several states are considering implementing their own digital tax measures. While the currently proposed state-level bills are unlikely to receive much traction, they demonstrate a growing willingness on the part of state representatives to levy their own taxes against online companies of all sizes. 

DOJ’s Anti-Encryption Efforts are Harmful to Startups

DOJ’s Anti-Encryption Efforts are Harmful to Startups

TLDR: The Department of Justice is continuing its push for tech companies to undermine their users’ security by building in intentional vulnerabilities. In the latest spat between Apple, Attorney General William Barr is claiming that the company is not helping officials unlock two iPhones belonging to the shooter in last month’s deadly shooting at a Florida naval air base, despite the fact that the older model devices can likely be accessed and Apple has already turned over the relevant data in its possession.

Startups would suffer from copyright protections for API declarations

Startups would suffer from copyright protections for API declarations

TLDR: Later this year, the Supreme Court will weigh in on a long-standing copyright dispute between Oracle and Google over the permissible use of application programming interfaces, or APIs. APIs are software interfaces that startups rely on to promote interoperability and reduce costs. If they were eligible for copyright protection, then companies that own the API copyrights would be able to prevent others from using those APIs without paying for a license. This week Engine filed an amicus brief with the Supreme Court, arguing that APIs should not be eligible for copyright protection, and in particular that extending copyright protections to APIs is an attempt to evade patent law in a way that would unduly harm startups and entrepreneurs.

IP Recap - 01/09/20

IP Recap - 01/09/20

A recent Federal Circuit decision about fee shifting is important to startups facing patent litigation and has broader relevance for confirming that attorney fee awards can be a tool for deterring abusive patent litigation. Startups facing extortive settlement demands for specious patent infringement claims can ask to have the plaintiff pay their attorney fees if they prevail in court. The availability of fees is valuable, because the cost of defending even a meritless patent lawsuit is expensive. But if plaintiffs who file those meritless cases may have to cover the costs of defense, it can help level the playing field, even before the parties find themselves in court. 

Combating Deepfakes, Misinformation, and Online Deception

Combating Deepfakes, Misinformation, and Online Deception

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

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

Startup Policy Year in Review

Startup Policy Year in Review

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

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