The Big Story: House antitrust report suggests sweeping changes to tech landscape. After spending the past 16 months investigating allegations of anti-competitive practices by Amazon, Apple, Facebook, and Google, the House Judiciary Committee’s Democratic leadership this week released a 449 page report proposing that lawmakers overhaul existing U.S. antitrust laws, including limiting large tech firms’ ability to acquire startups. While policymakers proposed taking a variety of steps to address claims of market dominance and abuse—such as breaking up the largest firms and providing more regulatory authority and resources to federal agencies overseeing the tech industry—lawmakers must remain vigilant that their overall recommendations do not harm competition by hindering startup growth and innovation.
Supreme Court Case on Interoperability Will Have Significant Ramifications for Startups
TLDR: The U.S. Supreme Court will hear argument this week in the almost decade-long dispute between Google and Oracle over the permissible use of software interfaces—known as application programming interfaces (APIs). Startups and developers rely on APIs as a fundamental tool for developing new software and enabling interoperability. Oracle is asking the Court to upset a long-held understanding that APIs cannot be subject to copyright infringement claims. And a ruling in Oracle’s favor would expose U.S. startups and software developers to sizable new risks, generate more litigation, and increase barriers to startup growth and innovation.
Startup News Digest 10/02/20
The Big Story: Congress must keep startups in mind while reviewing the DMCA. The House Judiciary Committee held a hearing this week about § 512 of the Digital Millennium Copyright Act (“DMCA”)—a critical area of the law for startups which provides a balanced and certain framework for addressing allegations of online copyright infringement. As we have explained, if Congress were to consider any revisions, it is essential they carefully weigh how important § 512 is to startups. While much of the Committee’s hearing ignored those needs, there were indications some lawmakers and witnesses are still mindful of startups and the users and Internet-enabled creators who rely on them.
As Congress Politicizes Section 230, Startup Concerns Get Left Out
TLDR: Many members of Congress are calling for changes to Section 230—a bedrock Internet law that allows Internet platforms to host and moderate user content without having to worry about ruinous lawsuits. But Democrats and Republicans see very different problems with Section 230 and Internet platforms' content moderation practices, and most policymakers’ criticisms focus exclusively on a handful of large companies while ignoring the outsized impact that changes to Section 230 would have on startups.
Startup News Digest 09/25/20
The Big Story: Reflecting on the life and career of Justice Ginsburg. Over the past week, extraordinary attention has rightfully been paid to the life and legacy of Supreme Court Justice Ruth Bader Ginsburg and the future of the Court she leaves behind. While Justice Ginsburg’s contributions—and celebrity status—are often couched in terms of her being a bulwark for certain liberal values, her legacy and contributions are not so limited and the reach of her work is woven into the fabric of the country. Indeed, it is apparent her contributions benefited U.S. startups, and her absence on the Supreme Court may soon be felt by the startup community.
Senate Considering Flawed Copyright, Section 230 Bill That Would Hurt Startups and Their Users
This year has been difficult for every individual and company in the country. During a global pandemic, which has caused widespread economic damage and uncertainty, startups are struggling—struggling to find funding, struggling to navigate existing government relief programs, and struggling to maintain jobs and operations (let alone sustain growth). And across the country, people are looking to Washington for support and guidance.
Amid Shifting Legal Landscape, Startups Need Congress to Act on Privacy
TLDR: While the European Union has moved in recent years to take the lead on enforcing global privacy standards, Congress has let states like California largely dictate the country’s privacy laws as a result of federal inaction on a national data privacy framework. As lawmakers prepare to discuss the importance of crafting comprehensive privacy legislation this week, it’s critical they pursue a framework that balances strong consumer privacy protections with much-needed clarity for startups and entrepreneurs.
Engine Submits Comments To USTR on China’s Compliance With WTO Commitments
On both the domestic and global scale, startups need balanced, certain IP frameworks and policies which allow the free flow of data in order to grow and succeed. While efforts currently underway in China signal some potential progress on those fronts, there are indications that China’s evolving policy landscape may continue to present impediments to startups hoping to grow across the world.
Struggling U.S. Startups Still Waiting for Viable Relief Package
TLDR: Congress is back in session following the August recess, and Senate Republicans plan to vote as soon as tomorrow on a “skinny” coronavirus relief package. It is widely recognized, however, that the legislation is unlikely to advance through the House. That’s why it’s important for lawmakers from both sides of the aisle to work together to craft a legislative package that strengthens small business loan programs and provides long-term support for the nation’s startup community.
Tech Companies Sue Patent Office To Restore Patent Review Process
TLDR: A lawsuit filed yesterday against the U.S. Patent and Trademark Office by four tech companies seeks to restore review procedures that enhance patent quality and combat abusive litigation brought by so-called “patent trolls.” If successful, the case would restore inter partes review (IPR), a process that makes it easier for startups to push back against frivolous lawsuits brought by patent trolls.
Trump Administration Ramps Up Pressure on Section 230
TLDR: The Trump administration is pressuring federal agencies to comply with an executive order that would change a bedrock Internet law in order to address supposed bias from major Internet platforms. President Donald Trump has been pushing agency officials in recent months to weaken the framework—known as Section 230 of the Communications Decency Act—that lets companies host and moderate users’ content without the fear of being sued into bankruptcy. While much of the attention around Section 230 focuses on major Internet companies, the law is especially critical for startups, which would be disproportionately impacted by policy changes in this space.
Law Reclassifying Independent Contractors Will Harm California’s Startups
TLDR: Uber and Lyft may have to suspend their services in California after a San Francisco judge ruled last week that the firms must comply with a state law—Assembly Bill 5 (AB 5)—that requires California companies, including “gig economy” platforms, to reclassify many independent contractors as employees. Although the law is ostensibly targeted at larger platforms like Uber and Lyft, it is likely to be an existential threat for smaller startups.
Policymakers Use Congressional Startup Day to Connect With Local Entrepreneurs
Negotiations on Relief Package Must Include Startup Voice
TLDR: Policymakers and Trump administration officials are holding discussions this week about the impending coronavirus relief package, but the lack of progress on a deal means that Americans and entrepreneurs are still waiting for much-needed support. As deliberations continue, lawmakers should consider a variety of proposals to strengthen currently available small business loan programs and pursue policies that will position startups and entrepreneurs to survive for the long-term.
Section 230 back in the spotlight
TLDR: The Trump administration and policymakers are putting growing pressure on a bedrock Internet law that allows companies of all sizes to host and moderate user-generated content. Startups depend on this framework—known as Section 230 of the Communications Decency Act—to grow without the fear of being sued into bankruptcy over the user-generated content they host and moderate. Weakening this law would have a disastrous effect on the Internet ecosystem.
Startups Stand the Most to Lose after Privacy Shield Rollback
TLDR: Europe’s top court last week struck down Privacy Shield, a data transfer pact between the European Union and the United States that allowed U.S. companies to process and store European users’ data in America. The decision, which could have an outsized impact on U.S. startups, stems from U.S. government surveillance programs that European courts have repeatedly found issues with—especially in the wake of the disclosures from former National Security Agency contractor Edward Snowden in 2013. Without the U.S. scaling back its sweeping surveillance programs, however, it’s unlikely that the EU and U.S. will be able to agree on a new framework to replace Privacy Shield—something that growing startups need to reach potential users across Europe.
Support Entrepreneurship by Participating in Congressional Startup Day
TLDR: We’re now a month out from Congressional Startup Day, an event highlighting the importance of startup activity across the country. This annual event connects members of Congress with startups in their states and districts to learn more about the successes and challenges of being an entrepreneur. With the coronavirus pandemic having an outsized impact on U.S. startups, Congressional Startup Day serves as a timely opportunity for members to learn more about how they can support and highlight the work of their local entrepreneurs.
Engine, startups push White House to reconsider suspension of work visas
This afternoon, Engine released a letter signed by 118 startups, entrepreneurial organizations, and other companies—including GitHub, Postmates, Reddit, and Twitter—asking the Trump administration to reconsider its recent suspension of work visas for high-skilled foreign workers, including those issued under the H-1B visa program.
Next Coronavirus Relief Package Should Address Startup Concerns
TLDR: When Congress returns from recess later this month, policymakers must ensure that they are effectively supporting startups in their fourth coronavirus relief package. In order to protect our nation’s startup ecosystem, however, Congress needs to look beyond currently available small business loan programs and examine other policy proposals that will enable startups and entrepreneurs to survive the pandemic’s economic fallout.
Startups Need Clarity When it Comes to Digital Currencies
TLDR: Telegram paid $18.5 million and returned the proceeds of its coin offering back to investors as part of a settlement with the U.S. Securities and Exchange Commission. The agency sued the firm last year for raising $1.7 billion through an initial coin offering to fund the development of its blockchain project, known as the Telegram Open Network. The settlement comes as U.S. cryptocurrency firms continue to seek regulatory certainty for the industry, including clear guidelines for digital coin offerings.



