Ownership disclosure law creates burdens for startups
José Padilla has an established track record of providing efficient, low-cost legal services. With LegalMente AI, he’s able to provide that same quality of work to those in need, including early-stage startups. We sat down with him to talk about what policymakers need to know about the uses of AI, how to keep the U.S. innovation ecosystem the most competitive globally, and his motivation to provide the most efficient work possible.
After overcoming childhood shyness in the warmth of his local Caribbean-owned barbershop, Royon Jeffrey knows the power of the beauty industry firsthand. He set out to create ListedB, an online marketplace for beauty industry professionals. We spoke to him about the financial opportunity within the industry, navigating capital access and investors, and his desire to empower small businesses owners.
Foreign nations are saddling U.S. companies — including startups — with discriminatory burdens.
MegaMinds was created out of a need to make learning more creative, fun, and hands-on for students. In our conversation with Co-Founder and CEO Eric Tao, we learned about the growing popularity of immersive learning, the tricky regulatory landscape for a product like MegaMinds, and what it’s like for many first-time entrepreneurs to build businesses.
The world of innovation is at an exciting point in time, unrivaled by anything we’ve ever seen before. The cost of launching a startup has never been cheaper and the process has never been more efficient. This is largely due to reduced business costs (e.g. server fees) resulting from advancements in technology services and internet access. What once cost a startup hundreds of thousands to millions of dollars in capital expenditures just to get to the starting line is now accessible to almost anyone for much, much less. With the Internet, the distance between business and consumer has also shortened drastically; marketing directly to your customer demographic across the world is now possible. Additionally, information in the form of advice, mentoring, and best practices is now abundant and accessible. What was once restricted to Ivy League schools or knowledge bases such as New York and San Francisco is now available for free online.
Ahead of the Federal Communications Commission’s vote late last week to dismantle 2015 net neutrality rules — which prevented ISPs from blocking or slowing access to certain websites — FCC Chairman Ajit Pai continued to misrepresent his plan as a boon to innovators and Internet users across the country instead of the ISP industry sell out it really is.
“The Federal Communications Commission voted today to strip the critical protections that made the Internet a level playing field for startups. With its rushed, party-line decision to repeal the 2015 Open Internet Order, the Commission is ignoring the pleas of innovators, investors, and everyday users to keep the Internet free and open"
Today, the Federal Communications Commission (FCC) voted to adopt a Notice of Proposed Rulemaking (NPRM) to roll back the 2015 Open Internet Order and reverse the agency’s Title II classification of Internet Service Providers (ISPs). Today’s vote initiates a public comment period of 90 days. The following statement can be attributed to Engine Executive Director Evan Engstrom.
On April 26, more than 800 startups, innovators, investors, and entrepreneurial support organizations from all 50 states joined Engine, Y Combinator, and Techstars in sending a letter to Federal Communications Commission (FCC) Chairman Ajit Pai urging him to protect a free and open internet.
The net neutrality debate that dominated tech headlines in 2014 and 2015 was once again the top telecom issue in 2016, peaking in June with the U.S. Court of Appeals decision to uphold the Federal Communications Commission’s (FCC) 2015 Open Internet Order. The telecom excitement didn’t end there, as policymakers dealt with a huge number of issues related to promoting telecom competition; preparing for a wireless, connected future; and building out broadband access in underserved parts of the country. In short, the momentum in 2015 carried over into 2016 in a big way. Looking ahead, 2017 is poised to be yet another busy year in telecom policy, though the impact of an incoming Trump Administration still remains uncertain.
Today, Federal Communications Commission Chairman Tom Wheeler announced his plans to step down from the agency on January 20, 2017. The following statement can be attributed to Engine Executive Director Evan Engstrom: “In his time at the helm of the FCC, Chairman Tom Wheeler has been a tireless champion for startups and innovators everywhere, and Engine is grateful for his service.
As the Republican National Convention kicked off this Monday, the GOP also released the final draft of their party’s platform. The platform, which was written with input from the party’s base sourced via www.platform.gop, included generous mentions of issues important to the startup community.
Today, the D.C. Circuit Court of Appeals upheld the Federal Communication Commission’s (FCC) historic net neutrality rules in a 2-1 vote. Affirming that Internet Service Providers (ISPs) cannot block, throttle, or slow down web traffic at their own discretion, the ruling is a major victory for thousands of startups that depend on the open internet as a level playing field.
In the year since the Federal Communications Commission (FCC) approved its historic Open Internet Order, net neutrality has faced countless attacks in both the courts and Congress. Once again, the Order and the FCC’s broader authority have come under fire. H.R. 2666, the “No Rate Regulation of Broadband Internet Access Act,” threatens the FCC’s ability to fulfill its congressionally-mandated responsibilities and represents yet another attempt by anti-net neutrality lawmakers to undermine an open Internet.
Our weekly take on some of the biggest stories in startup and tech policy.
Safe Harbor Agreement Nears Deadline. With a January 31st deadline looming, there is more pressure than ever for the U.S. and EU to wrap up negotiations around a “Safe Harbor 2.0” agreement. In a letter sent to U.S. and EU leaders last Friday, industry stakeholders emphasized that “the consequences could be enormous for the thousands of businesses and millions of users impacted” if a deal is not reached. But another setback came this week when the Senate Judiciary Committee postponed consideration of the Judicial Redress Act. The bill, which would extend rights to judicial redress to citizens of the EU and other designated countries, is seen as essential to advancing an updated safe harbor agreement. This delay makes it even less likely that a deal will be reached in time, the ramifications of which could disproportionately impact startups.
Another Proposal to Weaken Encryption. Another week, another misguided state bill seeking to weaken encryption. The legislation comes from a California Assemblymember whose proposal would prohibit the sale of smartphones in the state with unbreakable encryption. A similar New York bill requiring a “backdoor” for encrypted technologies was covered in last week's digest. In an opinion piece, Christian Dawson of the i2Coalition does a good job breaking down why policies like these would stifle the Internet economy. He writes, “If the U.S. government were to institutionalize backdoors, it would be a heavy burden to businesses, and an operational lift that would likely force a large number of small companies to shut their doors.” We couldn’t agree more.
Verizon Joins the Zero Rating Crowd. Tuesday morning, Verizon announced a new sponsored data program, FreeBee Data, renewing debate around “zero rating” programs and whether they violate net neutrality principles. Under the FreeBee program, content providers have the option to pay Verizon a fee to exempt their content from customers’ monthly data caps. Verizon is the third wireless provider to offer a cap-exempt data program—AT&T has been running a similar sponsored data program since 2014 and T-Mobile has its own video-specific service, BingeOn (which has come under intense fire in recent weeks). The FCC’s Open Internet rules don’t explicitly outlaw “zero rating” programs, but the agency reviews them on a case-by-case basis whether the service harms consumers or businesses. They recently requested meetings with both AT&T and T-Mobile on their programs, and have said that they were notified by Verizon about FreeBee. We’re tracking.
A Grim Outlook for Startup Financing? Recent turbulence in the global stock market may have an impact on 2016 startup financing, the Washington Post reported this week. Volatility in the public markets has many investors considering whether some growing tech startups have been overvalued, a concern that's "likely to trigger a wider pause, denying funds for the innovators that disrupt industries and create new markets." Not good. And while 2015 was a banner year for VC investment, with $72.3 billion going into venture-backed companies in the U.S., (the highest since the dot-com boom), activity slowed by the fourth quarter, suggesting changing investor sentiment. Further, tech IPOs were significantly down in 2015 as companies are treading cautiously into the public markets. 2016 may prove to be an especially important year for policy that promotes greater capital access.
VC Sets New Diversity Standards. Kapor Capital, a longtime leader in its commitment to diversity in the tech industry, announced a new set of standards for its portfolio companies this week. TechCrunch calls it a “a four-part roadmap for startups to foster diverse and inclusive cultures early on.” This commitment will soon become one of the terms in all Kapor’s future investment agreements. Portfolio companies will be required to establish diversity and inclusion goals, invest in tools and resources that assist in mitigating bias, organize volunteer opportunities for employees, and participate in Kapor’s diversity and inclusion workshops. Way to put their money where their mouth is!
Our weekly take on some of the biggest stories in startup and tech policy.
Patent Lawsuits Up in 2015, Trolls in the Lead. Surprise, surprise! The latest numbers are out, proving that patent litigation is still out of control and patent trolling is indeed a real problem. Unified Patents’ latest breakdown of data indicates that 2015 saw the second highest number of patent cases ever (nearly 5,800 cases filed). Further, non-practicing entities (or NPEs, aka, trolls) filed two-thirds of them, largely in the Eastern District of Texas, a judicial district notorious for its friendliness to patent trolls. Additionally, 64 percent of patent litigation in 2015 occurred in the high-tech sector and NPEs were involved in over 88 percent of these high-tech cases, a 10 percent increase over 2014. Until the patent system is fixed, the trolling problem evidently isn’t going anywhere.
Net Neutrality Kerfuffle Over T-Mobile’s “BingeOn” Program: Recent reports about T-Mobile's treatment of streaming video services has many net neutrality advocates up in arms. Its latest offering, BingeOn, has actually avoided most of the criticism typically directed towards so-called "zero rating" programs. With BingeOn, T-Mobile allows any video provider to participate for free, thus skirting net neutrality rules that bar preferential data treatment for some paying companies. However, apparently, T-Mobile has been throttling (or, from T-Mobile's perspective "optimizing") all streaming video its users consume, not just streams from companies participating in BingeOn. Throttling lowers the data consumption associated with watching a video, but also diminishes video quality. Because the FCC's net neutrality rules essentially ban throttling, it's possible that the FCC could find T-Mobile in violation of its Open Internet Order. T-Mobile points out that users can opt out of BingeOn and the associated video throttling, but critics note that T-Mobile makes opting out excessively difficult. While FCC Chairman Tom Wheeler has praised similar offerings from T-Mobile in the past, BingeOn raises difficult questions about the application of the Open Internet Order that the FCC will need to resolve.
Drone Registration Challenged in Court. In December, the Federal Aviation Administration (FAA) announced new rules requiring the registration of recreational drones. According to data released by the FAA this week, over 181,000 drones have been registered since the registration site went live just three weeks ago. But not everyone is keen on registering their brand new toy. Some stakeholders have criticized the rules as being burdensome and unnecessary, while others have raised concerns around the public availability of registry data. And now a Maryland “model aircraft hobbyist” has sued the agency over the contentious rules, arguing that the registration requirement violates a federal law that prohibits the FAA from regulating recreational drones. The court has denied his request to immediately halt registration.
#CES2016. The annual Consumer Electronics Show takes over Las Vegas this week and along with the new electric cars and Ultra HD TVs, policymakers and government officials are also taking the stage. In fact, it was at last year's CES that FCC Chairman Tom Wheeler first indicated the agency's support for net neutrality. We don't expect any news of that nature, but this week FTC leadership told conference-goers the commission is close to striking a data-transfer deal for U.S. tech companies with its EU counterparts and FAA officials discussed new recreational drone requirements. USPTO Director Michelle Lee and Rep. Darrell Issa (R-CA) talked patent reform and Sen. Mark Warner (D-VA) made a showing, addressing policy challenges facing both government and emerging gig-economy startups as did . The new technologies unveiled at CES—virtual reality devices, autonomous cars, and other smart, connected tools—also offer a preview of new tech policy challenges to come.
The State of Female Founders. CrunchBase released their latest data on women-founded companies, illustrating that there is still a long way to go for gender parity among startup founders. Though 18 percent of companies that received seed funding in 2015 have at least one female founder, only 8 percent companies that received seed funding have at least one female founder CEO. For companies that received Series A and B funding in 2015, these numbers drop to 14 percent and 5 percent, respectively. The numbers may seem dismal, but this is a strong improvement from 2014, when only 10 percent of founders raising Series A rounds were women.
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