Startups Speak: Marker Founder Talks about People and Places

We’re collecting and publishing startup profiles and policy stories. Look out for next installments, and if you have a story of your own, we’d love to hear from you. Contact us at editorial@engine.is.

Places add context and color to a life; where you came from, where you’ve been, where you are and where you’ll go. Countries and cities and neighborhoods build your character and a life with character. But right now, if you don’t come from America, staying here to build a company is very difficult. That needs to change, says Marker co-founder Michael Molesky.

Marker is all about collecting the remarkable places in your life. When users capture the places they want to go, as well as the places they know and love, Marker becomes home to the living stories of the places around you, from the people you care about.

While talking to Michael, it became clear that he believes strongly in the power of people to edit and transform a place, and the power of places to shape people as well. Staying true to the second point, he left the United States to study at Oxford (in England) for his undergraduate degree.

Why? Michael believes that an education is more than just the classes we attend – we get an education from our fellow students too. “In a global economy, it’s important for Americans to have an awareness of other cultures,” he explained. “Silicon Valley is a particularly special example of the best that can come of this global economy, all because of its openness to people from different places with new ideas.”

Ultimately, Silicon Valley believes in the power of diverse information sharing, and the importance of the ability to partner with the smartest people from any country to build the next life-changing company – on American soil.

Unfortunately, the way Michael sees it, current immigration policy is holding back the dreams of Americans by not exposing them to global talent - and he nearly had his dream shattered. For his first company, his co-founders were Romanian and British -- and because of this national diversity, Mike admitted that they almost failed at the starting line. Luckily, Michael successfully sponsored visas for his co-founders, but it still took a year after getting funding to get everyone over and “we scaled more slowly as a result.” Fast forward and LiveRail now employs fifty Americans.

This is why Michael is involved with Engine. “It’s outrageous that there is no visa class for entrepreneurs,” he said, “but we need to think carefully about how we, as a community, want to make our argument.” Michael joined Engine to lend his face and his voice to otherwise anonymous policy issues because “in the end, all politics is local. In order to communicate goals, we need to demonstrate the effects of action and inaction on real people.” And that includes real people outside the Silicon Valley bubble.

In his post on Quora, Michael argues that “the Startup Visa legislation represents the most effective jobs bill on the table in this Congress, fostering the development of America's next great companies from the best talent around the world”, but he also says that to “mount an effective lobbying effort in the US House, we need to find a way to present a more broadly American story, highlighting stories in other cities and colleges around the US which also hold the key ingredients to foster entrepreneurship.”

This brings us back to the importance of places and faces. There are many faces of immigration, and many regions across the country that benefit from global talent, so as a community, this is a story we need to do a better job of telling. High-skilled immigration reform is not simply a pet project for the sole benefit of Silicon Valley. We need to support comprehensive immigration reform to expand America’s potential for growth and our competitive culture of invention.

The Latest Immigration Debate Takes All Faces into Account

There are many faces of immigration, and finally we’re close to a solution that takes them all into account. We in the startup community have been steadfastly focused on making sure that the discussion on high-skilled immigration – with provisions for a Startup Visa and no caps on H-1B visas – gets enough airtime. But there is a flipside. And when a critical mass of lawmakers from both sides of the aisle can agree not only on high-skilled immigration, but also on paths to citizenship for undocumented immigrants, and policies on family visas, then truly comprehensive reform has a real shot.

Ahead of the full plan we expect to see in early April, this week the so-called “gang of eight” came together to discuss the waiting period for undocumented immigrants to become American citizens. The new plan reduces the time it would take to become naturalized, from five to three years (a concession to Democrats), but it would also extend the time that undocumented immigrants must wait for permission to work permanently, from eight to ten (an appeal to the Republicans.) This thirteen year path to citizenship matches the White House draft plan; bipartisan agreement on what’s been the most contentious issue over the years is a real achievement.

The worry that remains, however, is that a three year naturalization time creates a system where becoming a citizen is faster for undocumented immigrants than for individuals who came here legally. Moreover, the group remains at odds over a number of other major issues including the guest-worker program for low-skilled immigrants, employer verification, family visas, and who has authority on border security.

Meanwhile, the high-skilled immigration debate is being shaken up in the Senate Judiciary Committee. Committee member Sen. Chuck Grassley introduced a bill that explores the abuses of the H-1B system and tightens restrictions on the temporary worker visa program (H-1B). While the bill does not address the visa cap, it does set out more rigorous checks and balances, such as a higher wage threshold and requirements that companies try to hire Americans first.

While it seems that system abuses are fairly rampant, will Senator Grassley’s bill make things better for prospective employees and startups? For example, the requirement to list available positions on a Department of Labor sponsored website for a period of 30 days prior to petitioning for foreign labor seems onerous and unnecessarily time-consuming for startups that are all about high-speed growth.

Second, a key point in this debate is the concept of “indentured” visa holders – foreign workers who are paid less than their American counterparts because they are starting from a weaker bargaining position, having been reliant on their employers for sponsorship. The data bears out this reality. But, while ensuring that visa holders are paid the same as Americans is absolutely necessary, who is the authority on the “prevailing wage” for any industry or specific job? And what’s to say that authority won’t fudge the numbers to retain the current status quo?

Still, despite the problems with the system that certainly need to be investigated and addressed, neither party is happy with the status quo for high-skilled immigration, and leaders from both parties are promising change. The hurdle will be getting an agreement through Senator Grassley and the Judiciary Committee – and accepting that change is likely to come with requirements such as higher wages, higher application fees and more central control over the process. 

Introducing another angle, the committee also heard arguments suggesting that the H-1B program discriminates against women.

While the debate is far from over, what’s clear is that bipartisan agreement is central to the success of comprehensive reform. And if that’s what we’re rallying for, then we need to understand what’s happening to all the faces of immigration.

Answer a few quick questions about your take on immigration reform and how it affects you.

Photo courtesy of Anuska Sampedro.

Good STEM Education Needs to be Available to Everyone. Early.

The Commerce Department estimates that fewer than 40 percent of students entering a STEM field in college ultimately graduate with a STEM degree. This is a headline problem that impacts the long term success rate of American innovation. But college dropouts are not the only problem – for some students the issue is making it to the table at all.

Increasing American opportunity and innovation means encouraging STEM education and creating a more level educational playing field in order to produce more qualified young people entering the workforce. Looking at STEM education starting with college obscures the fact that technological awareness and education starts much earlier -- at home and at school. If students fall behind early, they’re likely to stay behind.

Unsurprisingly, socio-economic inequality is currently cutting the deck in educational opportunity. According to the Pew Research Center’s Internet & American Life report, low income students in poorer school districts are getting left behind. Eighty-four percent of Advanced Placement and National Writing Project teachers raised the issue of increasing disparities between low- and high-income students and school districts regarding access to technology.

Thirty-nine percent of AP and NWP teachers of low income students say their school is “behind the curve” on the use of digital tools in the classroom, compared to only 15 percent of teachers in wealthier districts. It’s clear that low income students might also be suffering from not having access to the internet and other technology in their homes -- only 18 percent of teachers in the study said their students have the necessary access to digital tools at home.

The kids that don’t get left behind might go on to study STEM subjects at college, and they might graduate (though over 60% do not), and then they might manage to secure one of the highest paying jobs that do much to push the economy forward.

Based on the latest research, students are not on the right path in great enough numbers to get to the desired result – and the diversion is happening at middle school.

When half the youth population is falling behind their peers, it’s bad news for the future of American innovation. When the half left behind is from the lower end of the socio-economic scale, it perpetuates the message that prosperity and success is only for those born into privilege and opportunity. To change the message, we need to change the reality.

We need to face up to one of the root problems of poor-performing students and a low STEM graduation rate – the effect of poverty on education – and endorse programs like the Discovery Research K-12 Mathematics and Science Partnerships (and celebrate the successes of approaching the issue early), as well as those that policies that seek to attract and retain students in STEM degree programs through scholarships and financial aid.

Education and access are key to opening opportunities for personal growth and national economic success. In addition to supporting college programs, as a community we need to support investment along the so-called education “pipeline” from kindergarten to bachelors and masters degrees, and beyond. Starting with college is too late.

Photo courtesy of Patrick Giblin.

Startup Act 3.0 Understands the Importance of Skilled Labor -- American or Foreign-born.

Recently, Senators Mark Warner (Democrat) of Virginia, Chris Coons (Democrat) of Delaware and Jerry Moran (Republican) of Kansas introduced Startup Act 3.0 to the Senate. An updated version of Startup Act 2.0, the new bill’s central goal is both to attract top talent and to keep high-skilled workers and talented entrepreneurs inside the U.S.

The bill proposes the creation of 75,000 visas for immigrant entrepreneurs who can raise $100,000 or more in investment capital to start a company, 50,000 new visas for STEM students, providing them with a path to citizenship, and removing to cap on visas for high skilled H-1B workers. (Check out this infographic for more details.)

Research continues to corroborate the positive impact of skilled immigrants on job creation and innovation in the United States. A 2012 report by the Information Technology Industry Council, the Partnership for a New American Economy and the U.S. Chamber of Commerce found that “every foreign-born student who graduates from a U.S. university with an advanced degree and stays to work in STEM has been shown to create on average 2.62 jobs for American workers—often because they help lead in innovation, research, and development.” And in 2011, a report by the Partnership for a New American Economy revealed that immigrants were founders of 18 percent of all Fortune 500 companies, many of which are high tech companies with an estimate that as of 2010, these companies generated $1.7 trillion in annual revenue and employed 3.6 million workers globally.

Most recently, a February 2013 report by the Kauffman foundation estimates that offering startup visas has the potential to add, conservatively, between 500,000 and 1.6 million new jobs in the United States over the next ten years. The impact this could have on the U.S. economy cannot be overemphasized. By some estimates, this range of jobs represents 0.5 to 1.6 percent of GDP or about $70 billion to $224 billion in economic gain.

Comprehensive immigration reform that addresses the needs of foreign born startup entrepreneurs and highly skilled workers is crucial for the advancement of the U.S. innovation economy. Despite having the world’s best higher education system, the U.S. continues to lag significantly in its openness to high skilled immigration at a time when other countries around the world are opening their borders to talented STEM founders.

We have previously highlighted efforts that countries like Canada, Singapore and Chile are making to attract the world’s best and brightest to start high growth businesses on their soil. In today’s knowledge economy, a protectionist labor market for technology talent can significantly hurt innovation, slowing down job growth and economic progress.

Startup Acts 1.0 and 2.0 unfortunately never made it past the Senate floor. It is crucial that Startup Act 3.0 be given a chance this time. Despite the odds, more than 44% of companies started in Silicon Valley since 2006 were started by immigrants. Imagine the flood of innovation that could be unleashed if this bill is signed into law.

So show your support for entrepreneurship and American innovation by joining the positive momentum behind Startup Act 3.0.

Photo courtesy of Senator Mark Warner. 

Entrepreneurs to Congress: Act on Patent Troll Suits

Engine and the Electronic Frontier Foundation join with more than 60 entrepreneurs, investors, and innovators to ask the House Judiciary Committee to take action on patent trolls. Our call to action supports the reintroduction of Congressman Peter Defazio’s SHIELD Act, a measure aimed at reducing costly litigation created by non-practicing entities. We’re encouraging Congress to consider legislation that helps protect startups from litigation that stifles economic growth.

Alexis Ohanian, co-founder of reddit; Dallas Mavericks owner Mark Cuban; Brad Feld and Jason Mendelson of Foundry Group; Brad Burnham of Union Square Ventures, and David Cohen, founder and CEO of TechStars are among the individuals who signed on to the letter.

Today’s letter demonstrates agreement in the innovation and investment communities on the harmful nature of litigation to companies across the country. Find the full text of the letter below.

Dear Chairman Goodlatte and Ranking Member Conyers,

We, the undersigned, write today as entrepreneurs, investors, and innovators in support of the Saving High-tech Innovators from Egregious Legal Disputes (SHIELD) Act and other legislative measures aimed at reducing costly litigation created by non-practicing entities, often referred to as patent trolls. Congress should consider measures that shift incentives away from those who game the system and toward an innovative economy and competitive market.

As President Obama acknowledged earlier this month, patent trolls, “essentially leverage and hijack” patents originally issued to others in an effort to “extort” money through litigation. Young, innovative companies are increasingly targets of these lawsuits. While big companies paid much of the $29 billion in direct costs resulting from activities by patent trolls in 2011, the costs made up a larger share of small companies’ revenue. In fact, the majority of companies targeted by patent trolls have less than $10 million in revenue.

Without startups, there would have been no net job growth in the United States over the last two decades. Congress needs to make measures like the SHIELD Act a priority in 2013 so that innovative companies and entrepreneurs can continue to grow without the threats posed by non-practicing entities. Congress must take action and fix the patent troll problem. We urge the committee to call hearings on patent troll litigation and to solicit information from the innovation community at-large.

Sincerely,

Nathan Allen
Four First Names

Luis Arbulu
Hattery

Joen Asmussen
Automattic Inc.

Seth Bannon
Amicus

James R Bazet
Cobra Electronics Corporation

Matthew Bellows
Yesware, Inc

Paul Berberian
Orbotix, Inc.

Aaron N. Block
BayRu LLC

Matthew Y. Blumberg
Return Path, Inc.

Brad Burnham
Union Square Ventures

David Cohen
TechStars

Jessica Cole
Roammeo, Inc.

Dave Copps
PureDiscovery

Mark Cuban
Dallas Mavericks

Rutul Davè
Bright Funds, Inc.

Pete Davies
Automattic Inc

Christian Dawson
Internet Infrastructure Coalition

Derek Dukes
Dipity

Mat Ellis
Cloudability

Edward Engler
Pittsburgh Equity Partners

Tim Enwall
Mobiplug Networks, Inc

Brad Feld
Foundry Group

Rand Fishkin
SEOmoz

Chris Franks
Moblify

William Randolph Fry
Fry’s Electronics, Inc.

Nick Hamze
Automattic Inc.

Erick Hitter
Automattic Inc

Trenidad Hubbard
Game Face Sports International, LLC

Terry Floyd Johnson
Showdown Royal

Jeevan Kalanithi
Sifteo

Seth Levine
Foundary Group

John Levisay
Sympoz Inc.

Benjamin Lewis
The MadCelt Studios

David Mandell
PivotDesk

Michael Masnick
Floor64, Inc.

Ryan McIntyre
Foundry Group

Josh Mendelsohn
Hattery

Jason Mendelson
Foundry Group

David Merrill
Sifteo

Jesse Miller
Attachments.me

Christopher Neumann
Datahero, Inc.

George Northup
Memeo Inc.

Ethan Rishon Oberman
SpiderOak, Inc.

Alexis Ohanian
reddit

Scott Petry
Authentic8

Daniel Pidgeon
Starpower

Lamar Porter
CIKI, Inc.

Ian C Rogers
Daisy, A Beats by Dre Company

Toni Schneider
Automattic Inc.

Paul Sieminski
Automattic Inc

Keith Lloyd Smith
BigDoor

Jesse Suchmann
DIGITAS

Steven Tiffen
The Tiffen Company

Joshua To
Hattery

Max Uhlenhuth
SilviaTerra

Elizabeth Urello
Automattic Inc

Alexander Shalek White
Next Big Sound

Victor Wong
PaperG

Skylar Woodward
Trumo, Inc.

Adam Wooley
Brute Labs

Gary Yacoubian
Specialty Technologies, LLC dba SVS

Jun Zhang
Vercury Inc.

What You Need to Know About Immigration Reform

In the past few weeks, immigration reform has come back into the limelight on Capitol Hill. The post election climate is such that immigration is a priority for both Republicans and Democrats. President Obama made it clear last week during his State of the Union address that he expected a comprehensive bill on his desk in just a few months, not in a year or two. Though there is no comprehensive reform bill as yet, lawmakers have started drawing the battle lines around issues such as border protection and the path to legal residency for the thousands of undocumented immigrants who already live in this country.

A few lawmakers, however, are looking at another side of the issue as well. As the President outlined in both his immigration reform proposal and the State of the Union address, comprehensive reform must include high skilled workers, many of whom work at startups. Take for example the stories of Fabien Beckers and Rutul Dave highlighted in the Wall Street Journal last week. Beckers, who co-founded Morpheus Medical, a company that creates 3D models of soft tissue from MRI readings, struggled to find funding for his startup because he could not get an H-1B visa (the visa category for temporary workers). As a co-founder, he was not technically employed by the company, therefore he did not qualify for the employer-tied H-1B visa. Rutul Dave, co-founder of Bright Funds, was sponsored by Cisco and unable to start his own company until his green card came through.

Among startup founders, stories like these are not unusual. According to a recent study, immigrants are almost twice as likely to start a company than American workers. In fact, nearly a quarter of the engineering and technology companies founded in the U.S. between 2006 and 2012 had at least one key founder who was foreign-born. In 2012, these companies employed roughly 560,000 workers and generated $63 billion in sales. However, immigration laws are such that we are still sending U.S. educated STEM (Science, Technology, Engineering, and Mathematics) graduates back to their native countries because of visa caps.

Here’s a look at the various proposals circulating right now that are aiming to address these issues:

The White House proposal:

The only comprehensive proposal in consideration right now has come from the White House. There is no legislative text, but rather, an outline that lays out the Administration’s goals.

The President’s proposal specifically creates a new visa category for entrepreneurs who are financed by U.S. investors or U.S. customers. If the company grows, this startup visa allows them to stay in the U.S. permanently. For those who receive advanced STEM degrees in the U.S., the President’s outline calls to “staple” a green card to their diploma once they find employment. Though these masters and doctoral students will undoubtedly contribute to the American economy, this plan may not help startups hire talent who choose to enter the job market after completing a bachelors degree.

The Senate’s solutions - Startup Act 3.0 and I-Squared Act:

In addition to the President’s proposal, friends of the startup community have introduced legislation to fill the void, including the Startup Act 3.0 and the Innovation Immigration Act (I-Squared Act).

The Startup Act 3.0, introduced by Senators Moran, Warner, Coons, and Blunt, creates a new visa category for startups. The bill creates 75,000 entrepreneur visas for entrepreneurs who secure $100,000 in VC funding and already have an employer-based H1-B visa or any student F-1 visa. The Startup Act also introduces a new visa category for STEM masters and PhD graduates by creating 50,000 new STEM visas. For the Entrepreneur visa, the individual must have completed college, but the Entrepreneur visa does not require a masters in a STEM field. Though skilled founders will have to find some way to get here before qualifying for this entrepreneur visa, their educational background will not be limiting, as it was in the previous version of this bill.

The key takeaway here for startups is that a foreign founder cannot move to the U.S. just to start a business. For someone like Fabien, who graduated from an American university, the Entrepreneur visa would have made his immigration process easier. But the act doesn’t grant a visa to an entrepreneur who wants to move to the U.S. to start a business that employs Americans -- and who has already received VC funding -- simply because she is currently outside the states.

The I-Squared Act, which was introduced by Senators Coons, Hatch, Klobucher, and Rubio, handles the backlog of visa requests a little differently. Instead of creating a new visa category to address the needs of startups and high-skilled workers, it increases the cap for employer-based H-1B visas from 65,000 to 115,000. It goes even further in reducing the backlog by tying the number of available visas to market demand. This system is less limiting -- H-1B visas are reserved for college graduates in any field, as long as they can prove that their skills are needed by an employer.

In terms of startup founders, the I-Squared Act relies heavily on changes to green card policy. It exempts STEM masters and PhD. graduates from the green card caps, allowing highly educated STEM workers to pursue their own startup dreams. For example, this could have made it easier for Rutul to start his company years ago, rather than having to wait for his green card.

Both the I-Squared Act and the Startup Act 3.0 eliminate the per country-cap on employment based visas, making it easier to recruit top talent from any country. The key difference with the I-Squared Act is that when the technology economy is booming, as it is now, and the demand for technical talent is high, more visas would be allocated.

What does it all mean?

None of the proposals do enough on their own to champion the needs of startups, though all have components that are key. There are two key needs that should be addressed by any high-skilled immigration proposal: First, we must make it easier for entrepreneurs who want to come to this country to start a business and create new jobs. The Startup Act 3.0 addresses this problem by creating a new visa category, but requires that recipients already have another employment or student visa. The second need is the ability to hire the best and the brightest talent, no matter where they are from. Increasing the H1-B visa cap is the best way to do just that, and the I-Squared Act addresses this need through it’s market-based approach.

However a few questions remain: What of those founders whose first venture fails? Take for example Twitter, which started as a taxi dispatch service. In a culture that values and forgives failure, where ‘pivoting’ a business venture is the norm, and where second opportunities are part of our founding ethos, entrepreneurs need time as much as they need money-- a need that none of the bills or proposals addresses. If a brilliant computer scientist gets a visa to start a company that isn’t successful, she isn’t provided a chance to innovate and try again--and we lose another talented inventor. Both of these bills and the President's proposal attempt to quell the demand for technical talent, relying heavily on masters and doctoral students to fill the ranks at startups. But when was the last time you met a software engineer at a startup with a Ph.D.?

Let’s face it, startups want smart people - it doesn’t matter if they have a STEM degree, where they were educated, or what their nationality is -- as long as they are passionate about the business, and have the talent to help an enterprise grow.

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