The Big Story: House panel examines big tech's impact on small businesses. The House Small Business Committee held a hearing yesterday to examine big tech’s impact on small businesses, with lawmakers bringing in witnesses from large tech companies, small retailers, and nonprofit organizations to discuss the benefits and challenges of large online platforms.
Startups Paying Close Attention to DACA Decision
TLDR: Startups are keeping a close watch as the Supreme Court hears oral arguments on the 2012 Deferred Action for Childhood Arrivals (DACA) policy. Access to talent is vital to the success of startups, and numerous studies have shown that immigrants make important contributions to the entrepreneurial community. Policies and decisions that suggest the U.S. is a bad place for immigrants—like a ruling against the DACA policy—would be bad for the startup community.
IP Recap - 11/12/19
The Federal Circuit’s recent decision in Arthrex, Inc. v. Smith & Nephew, Inc. changes the framework for appointing and removing certain patent office officials—the Administrative Patent Judges (APJs). APJs serve on the Patent Trial and Appeal Board which, among other functions, can take a “second look” at weak or overbroad patents that previously issued, and invalidate claims that should not have issued in the first place. Instead of challenging a low-quality patent in federal court, which takes multiple years and millions of dollars, the Patent Trial and Appeal Board can consider a limited scope of validity challenges in less than 18 months and for a fraction of the cost. Therefore, it is a more accessible place for startups to go to challenge weak patents they are accused of infringing, and has the ancillary benefit of increasing overall patent quality and making the abusive patent litigation business less profitable.
Startup News Digest 11/08/19
The Big Story: Lawmakers scrutinize Chinese social media app TikTok. The Senate Judiciary Subcommittee on Crime and Terrorism held a hearing on Tuesday to examine how technology companies might be exposing user data to “criminals, China, and other bad actors,” with lawmakers spending much of the time lambasting popular social media app TikTok for not sending a representative to testify before the panel.
Don’t let ISPs block strong encryption protocols
Startup News Digest 11/01/19
The Big Story: The importance of small business exports. A new study released this week highlighted how American small businesses have successfully leveraged the explosive growth of the digital economy over the past several decades to make significant contributions to the U.S. economy.
Policymakers need to reduce barriers to entrepreneurship
Although entrepreneurs are responsible for nearly all net new job creation, policymakers have frequently prioritized big business over new business. That’s why entrepreneurship champions across the country have joined together to form the Start Us Up coalition to urge policymakers to reduce barriers to entrepreneurship.
Startup News Digest 10/25/19
The Big Story: House passes troubling copyright bill. The House this week voted in favor of the Copyright Alternative in Small-Claims Enforcement Act (CASE Act), legislation that would create an extra-judicial Copyright Claims Board within the U.S. Copyright Office to adjudicate “small-claim” copyright infringement claims.
Startups and non-compete agreements
As conversations swirl around the use of non-compete agreements in the labor market, it is important that lawmakers consider the effects of these agreements on startup formation and talent acquisition. Instead of protecting legitimate business interests, non-compete agreements are often used to block competition, prohibiting talented Americans from starting their own innovative ventures and from hiring the talent they need to succeed and to be competitive.
Startup News Digest 10/18/19
The Big Story: Keeping U.S. cryptocurrency globally competitive. Ahead of next week's hearing featuring Facebook CEO Mark Zuckerberg discussing cryptocurrency, another Facebook official warned this week that China will be at an advantage if U.S. policymakers fail to come up with a system to regulate cryptocurrencies like Facebook's Libra.
Intermediary liability protections have allowed startups to thrive
Startup News Digest 10/11/19
The Big Story: U.S. acts on Chinese firms. The U.S. Commerce Department added eight Chinese artificial intelligence companies to its trade blacklist this week, even as reports emerged that the Trump administration plans to issue licenses to allow some U.S. companies to continue supplying nonsensitive products to Chinese telecoms firm Huawei. The decisions both came as the U.S. and China resumed discussions this week to resolve their ongoing trade dispute.
FTC's COPPA rule review should consider impact on startups
The FTC is reviewing potential updates to a children’s privacy law to determine whether changes need to be made to the law to account for “evolving business practices.” While protecting children’s privacy online is a shared goal of the FTC and the tech community, some potential changes to the rules under the law could impact platforms across the Internet, especially startups.
Startup News Digest 10/04/19
The Big Story: Federal court issues ruling on net neutrality.The U.S. Court of Appeals for the District of Columbia Circuit this week upheld parts of the Federal Communications Commission’s 2017 repeal of the popular net neutrality rules, although the court struck down a portion of the agency’s order that kept states from enacting their own net neutrality regulations.
Weakening encryption protocols would harm startups and consumers
Encryption is back in the news this week with a major piece in the New York Times blaming the spread of child exploitation material in part on encryption and an upcoming Justice Department event on encryption’s “impact on child exploitation cases.” But proposals to undermine strong encryption could undermine the way startups and tech companies ensure their users’ privacy and security.
Startup News Digest 9/27/19
The Big Story: U.S., Japan reach deal on digital trade. President Donald Trump and Japanese Prime Minister Shinzō Abe announced this week that the United States and Japan reached a limited trade deal on agricultural products and digital trade. The limited accord, announced from the sidelines of the United Nations General Assembly, represents the first step towards a larger trade agreement between the two countries.
Combat odious online content by supporting startups
As congressional leaders continue to explore ways of addressing online disinformation ahead of the 2020 elections, it’s important that policymakers understand the difficulties digital platforms already face before impulsively moving forward with flawed legislation that would roll back critical liability protections.
Startup News Digest 9/20/19
The Big Story: Lawmakers, tech industry take on hateful online content. Facebook, Google, and Twitter defended their efforts to combat online extremism during testimony before a Senate panel this week, even as some lawmakers pushed for measures that would force online platforms to take more drastic steps to remove hateful content.
Startups need a uniform federal privacy law
TLDR: California lawmakers have run out of time to fix problems in the state’s sweeping privacy law before it goes into effect next year, leaving startups hoping that Congress will step in and create a strong, uniform federal privacy law that protects consumers without creating unnecessary and costly burdens. If other states move forward with privacy legislation mirroring California's law, it will create a patchwork of requirements that will have an outsized impact on smaller companies hoping to operate across state lines.
Startup News Digest 9/13/19
The Big Story: CASE Act exacerbates existing copyright problems. The bill that could make copyright law more confusing and easy to misuse is making its way through the House. The House Judiciary Committee held a markup on Tuesday of the “Copyright Alternative in Small-Claims Enforcement Act of 2019,” or the “CASE Act.” As Engine IP Counsel Abby Rives explained in a recent InsideSources op-ed, the CASE Act—which passed committee on a voice vote—would “exacerbate existing problems in copyright enforcement and cause new ones.”