Privacy & Data Security

Startup News Digest 04/21/23

Startup News Digest 04/21/23

The Big Story: Non-compete ban would boost the startup ecosystem. Policymakers received thousands of comments this week as a key agency considers a change that would make it easier for people to leave their jobs, including to found and join early stage startups. In conjunction with the Juelsgaard Intellectual Property and Innovation Clinic, Engine submitted comments this week to the Federal Trade Commission urging the agency to move forward with a proposed rule change that would ban most non-compete agreements, which are post-employment contracts that bar workers from taking up jobs with competitors for a prescribed period of time.

Startup News Digest 04/14/23

Startup News Digest 04/14/23

The Big Story: Policymakers set their sights on artificial intelligence. This week saw a frenzy of activity from policymakers around the globe looking to regulate artificial intelligence technologies, which startups are increasingly leveraging in their products. In the U.S., federal agencies recently kicked off processes to examine AI and intellectual property as well as AI accountability, while Congress is exploring legislation. Abroad, policymakers have used existing regulations to ban certain AI tools and are looking to adapt their proposed AI rules.  

Startup News Digest 04/07/23

Startup News Digest 04/07/23

The Big Story: States continue adding to tech regulatory landscape risking additional burdens for startups. State legislative sessions are in high gear this spring, advancing tech legislation and threatening to grow a patchwork of varying rules startups must navigate as they grow. This week, for example, the Washington Senate passed a bill governing health information and other personal data. Their effort joins several other states putting forward proposals aimed at privacy and data security, online safety, and content moderation—that each will have noticeable ripple effects for startups. 

Startup News Digest 03/31/23

Startup News Digest 03/31/23

The Big Story: R&D tax credit changes create tax bill for startups. Startups and other companies are facing higher taxes this year after a provision from a 2017 tax law went into effect recently. The law, the Tax Cuts and Jobs Act (TCJA), triggers a change to how the research and development (R&D) tax credit operates. Unless policymakers step in, startups and small businesses will have to weather the blow to their cash flow and may consider limiting future R&D costs. This could ultimately result in an overall reduction in innovation in the U.S., slowed economic growth, and decreased ability for our innovation ecosystem to compete with other countries. 

Startup News Digest 03/24/23

Startup News Digest 03/24/23

The Big Story: New research shows state privacy patchwork costs startups hundreds of thousands. Startups spend hundreds of thousands of their limited resources on privacy compliance, much of which goes to duplicative activities that don't further users' privacy, according to a report Engine is releasing today. The report, Privacy Patchwork Problem, chronicles the steps startups are taking to protect the data of their users and enumerates the costs, burdens, and barriers startups encounter—which reach into the hundreds of thousands of dollars. It underscores the need to give for a federal privacy framework that creates uniformity, promotes clarity, and accounts for the resources of startups, while creating consistent rights for their users located in every state across the country. 

Engine releases report on Privacy Patchwork Problem

Engine releases report on Privacy Patchwork Problem

Data privacy has been top of mind for consumers, policymakers, regulators, companies, and entrepreneurs for the past several years, in the wake of broad privacy rules in the EU, and action in several U.S. states. The U.S., which has long had a sectoral approach to privacy, remains without a comprehensive privacy framework, and many states have reacted by proposing, passing, and implementing their own varying—and potentially conflicting—comprehensive privacy laws.

Startup News Digest 03/17/23

Startup News Digest 03/17/23

The Big Story: SVB fallout puts startup banking needs in the spotlight. In the wake of last week’s collapse of a key startup-facing bank, many in the startup ecosystem are concerned about the banking options and funding landscape for startups across the country.  Last week, California regulators and the Federal Deposit Insurance Corporation (FDIC) shuttered and placed into receivership Silicon Valley Bank (SVB), a mainstay bank for the global startup ecosystem. At the same time, startups scrambled to move funds and were unsure if they’d have the capital to pay their employees this week.

Startup News Digest 03/10/23

Startup News Digest 03/10/23

The Big Story: Broad, diverse coalition underscores importance of Section 230. This week, Engine joined more than three dozen public interest organizations, academics, free expression advocates, industry associations, and companies in a letter highlighting the value of Section 230 in enabling users, community building, and expression online. The letter was sent to members of the Senate Judiciary Subcommittee on Privacy, Technology, and the Law ahead of a hearing Wednesday on Section 230, a foundational Internet law that enables platforms of all sizes to host and moderate user content without risking ruinous liability. 

Startup News Digest 03/03/23

Startup News Digest 03/03/23

The Big Story: Congress looks to build momentum on privacy legislation. This week, a congressional subcommittee held a hearing exploring federal data privacy legislation, a top priority for startups. The hearing comes amid the emerging mosaic of state privacy laws that can create confusion and duplicative costs for startups. The hearing, held by the House Energy and Commerce subcommittee on Innovation, Data, and Commerce, focused on building upon legislation that passed through the committee last Congress and explored several issues important to startups in the privacy debate, including whether to preempt state laws, whether to allow private rights of action, and how to properly scope requirements for small businesses and startups.

Startup News Digest 02/17/23

Startup News Digest 02/17/23

The Big Story: Section 230, privacy, encryption in crosshairs at kids safety hearing. The Senate Judiciary Committee held a hearing Tuesday on protecting children’s safety online, where lawmakers suggested changes to several issues important to startups, like Section 230, data privacy, and encryption. The wide-ranging proposals appear conceived with the largest tech companies in mind, but they would affect all Internet companies, especially startups. The hearing comes amid efforts from policymakers at all levels of government aimed at safeguarding young Internet users that could carry unintended negative consequences for startups without necessarily protecting children.

Startup News Digest 02/10/23

Startup News Digest 02/10/23

The Big Story: Hearings cast spotlight on capital access obstacles. Lawmakers heard from entrepreneurs and investors this week as they examined key issues impacting startups’ ability to access capital. The House Financial Services subcommittee held two hearings covering multiple legislative proposals, including efforts to expand the pool of accredited investors and changes to the structure of certain investment funds. Those changes, if enacted, would bring much needed diversity to the startup ecosystem’s investor pool and boost funding opportunities for underrepresented entrepreneurs.  

Startup News Digest 10/21/22

Startup News Digest 10/21/22

The Big Story: Judge strikes down Maryland tax on digital advertising. A Maryland judge struck down the U.S.’ first tax on digital advertising, which faced vocal challenges including from technology companies and would have resulted in taxed companies passing down its cost to customers, including startups. In a ruling on Monday, the court found the tax, implemented by Maryland lawmakers to raise revenue, unconstitutional and a violation of the Internet Tax Freedom Act.

Startup News Digest 10/14/22

Startup News Digest 10/14/22

The Big Story: Proposed independent contractor rule could make hiring harder for startups. This week the Department of Labor (DoL) issued a proposed rule that is likely to impact how early-stage startups build their teams. The DoL’s proposed rule on worker classification would limit who can be considered an independent contractor and comes shortly after the Federal Trade Commission (FTC) announced similar enforcement priorities for the gig economy. As we shared in a recent blog post, the rule could limit startup flexibility in their hiring decisions, which could particularly impact growing companies with lean budgets.

Startup News Digest 09/30/22

Startup News Digest 09/30/22

The Big Story: Network access fee debates heat up worldwide. This week, European telecom companies redoubled their push to make large Internet companies pay based on the traffic they generate, a policy that would undermine net neutrality principles and negatively impact the broader Internet ecosystem. The push comes after months of agitating by Internet service providers (ISPs) for the payments, called network access fees, and amid a growing number of jurisdictions that have taken steps toward such policies, including South Korea.

Startup News Digest 09/16/22

Startup News Digest 09/16/22

The Big Story: Startups are collateral as policymakers talk past each other on tech policy. Over the last week we’ve seen several tech policy conversations where contradictory, party-line talking points are on full display that—if taken seriously as policy ideas on everything from privacy, to national security, to content moderation, and more—would make life much harder for thousands of startups across the country. Lawmakers’ competing and mutually exclusive visions for the Internet doesn’t stop them from threatening policy changes that would alter the way tech companies, including startups, have to operate, however, as we highlight in a new blog post.

Startup News Digest 09/09/22

Startup News Digest 09/09/22

The Big Story: SBIR reauthorization remains at a standstill. Startups await the fate of the Small Business Innovation Research (SBIR) program as lawmakers continue to deliberate its reauthorization ahead of its fast-approaching September 30 expiration. With fierce support from advocates and innovators—who recognize the positive impact the program has on the innovation ecosystem—alike, this critical funding stream for R&D and commercialization risks drying up without congressional action.

Startup News Digest 08/26/22

Startup News Digest 08/26/22

The Big Story: Biden administration unveils student loan relief plan. After months of deliberation, President Joe Biden announced a three-part plan aimed at easing student loan debt, a move that could lower barriers for entrepreneurship in the U.S. The announcement—fulfilling a 2020 campaign promise—will cancel up to $10,000 in federal student debt for many borrowers and up to $20,000 for Pell Grant recipients for those that earn less than $125,000 per year or $250,000 for households. It also includes steps to cap monthly payments, improve the forgiveness programs for borrowers who work in public service, and increase accountability around skyrocketing college costs.

There’s a new bipartisan draft federal privacy law. What does it mean for startups?

There’s a new bipartisan draft federal privacy law. What does it mean for startups?

Congress is taking steps towards a much-needed federal privacy law that could help protect consumers while creating consistent obligations for startups. This week, the House Energy and Commerce subcommittee on consumer protection and commerce held a hearing discussing the American Data Privacy and Protection Act (ADPPA). The ADPPA has support from key members of Congress on both sides of the aisle and in both chambers and would replace a state-by-state patchwork of privacy laws, helping startups by easing compliance costs and lowering barriers. Engine has been a longtime advocate for such a law and commends lawmakers for taking an important step in developing a federal privacy standard.

Startup News Digest 04/29/22

Startup News Digest 04/29/22

The Big Story: EU advances overhaul of content moderation rules. Early Saturday morning, the European Union reached an agreement on a final version of landmark legislation to govern online intermediaries hosting user content in the EU. The legislation, known as the Digital Services Act (DSA), will build on existing EU law and create new obligations for companies—including startups—that will require additional staff, development of new tools, and attention toward compliance in order to serve users in the EU.

Startup News Digest 04/22/22

Startup News Digest 04/22/22

The Big Story: Startups should be prominent voice in merger guidelines re-write. This week, Engine submitted comments in response to a request for information (RFI) from the Federal Trade Commission (FTC) and the Department of Justice (DOJ) Antitrust Division on merger enforcement. The agencies issued the RFI in January as they move toward re-writing the merger guidelines, guidance that outlines how the agencies will analyze prospective mergers, which is traditionally relied on by the agencies, companies, and courts alike. Sound merger enforcement that mitigates illegal anticompetitive behavior is important for startup success, but policymakers must balance those potential harms with the benefits of acquisitions. If the new guidelines are too restrictive, they risk burdening legal transactions—including those of startups, thereby limiting startups’ exit opportunities and stemming the flow of capital in the startup ecosystem.