posted on Jun, 2 2011 @ 10:34 AM
One of the aspects of the National/Homeland security infrastructure in the US is the dampening effect it has on innovative activity. There are two
sides of this, first being the outright stopping of privacy enhancing technology from hitting the market under the guise of security by requiring it
to pass the national security test. The next is theft of intellectual property.
I have first hand experience in this area, being involved with a very small firm that has developed technology (and received patents) which encrypts
in a relatively unbreakable fashion transmissions, both voice and data. The owners of the firm have been getting the jerk around from the government
for almost a decade. NSA, CIA, DOD, FBI, Congress, all of them. The tech is OK to sell, per the government, and once a sale (to a firm who would
ultimately distribute it), it gets the kibosh, from some area of the government, indicating that it needs more review. Those reviews occur and then
then committee assignments in Congress change or new folks are put in positions in the security agencies and the reviews have to start all over. The
government won't buy the product to take the patent rights, but they also won't let the product be sold. This firm has the first encrypted cell
phone that has a commercially viable price point and have US patent on the technology. They have just sought and received patents in Argentina, have
began to sell the product out of there and are moving the firm. It is absolutely theft of intellectual property for the government to not allow the
product to be sold and not compensate the developers of it appropriately. Is there any doubt at all that with the growing concern about privacy,
there would not be products or services to cater to that market? No it does not. The products and services are there and they are being kept from
Intellectual property rights. China is the country that folks typically think of when we consider state sponsored theft of intellectual property.
It is illogical that the US government is not stealing IP in a similar fashion. With full scale reading of e-mail and warrantless searches of e-mail
that IP is at a minimum being observed by third parties. As mentioned above, IP is definately being usurped. Beginning a small firm that is IP
based, you would seriously consider establishing in Latin America or Europe rather than the US. Nonsense such as bogus regulations such as
Sarbanes/Oxley just another nail in the coffin of innovation in the US as is the tax policy on small business. Keep in mind that IP is not just the
material associated with the product or service itself. It is communications with actual or potential clients, RFI and RFP responses who show how
clients will use the products/services. Financial models, methodology. IP is more than system specifications/designs and code.
It used to be that the "next big thing" was likely to come out of the US. Technology is a step curve and often the steps were reached in the US
There are other start-up firms that are being squashed in the privacy space under the guise of security and coupled with the anti business climate,
the next tech wave is likely to come from outside of the US