H.R. 1166 would amend title 18, United States Code, to provide for more effective enforcement of the Federal prohibition on the interstate shipment of stolen property.
Detailed Summary
E-fencing Enforcement Act of 2009 - Amends the federal criminal code to impose a duty on any online market provider to disclose the contact information (i.e., name, telephone number, and address for service of legal process) of any high volume seller who has listed goods or items for sale on such provider's online marketplace that match the description of stolen goods listed in a signed report from a criminal law enforcement agency. Defines "high volume seller" as any person who, through an online marketplace, sells or offers for sale in a single offering goods or items worth more than $5,000, or more than $12,000 in one or more offerings during the preceding 365 days.
Requires an online market provider to: (1) retain contact information on high volume sellers for three years; and (2) deny high volume sellers access to the marketplace if such provider has good reason to believe that such sellers acquired their goods unlawfully. Allows high volume sellers to bring a civil action to challenge the denial of access to an online marketplace.
Status of the Legislation
Latest Major Action: 3/16/2009: Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Points in Favor
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Points Against
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Visitor Comments
Ben Thompson
February 27, 2009, 4:24pm (report abuse)This bill exposes innocent providers to lawsuits, imposes arbitrary and pointless data retention requirements, exposes private transactions to government scrutiny and gives the authorities the power to shut down private enterprise without due cause or recourse. And what is the point of it, exactly? Selling stolen goods is already a crime; this bill seems to extend those laws to cover those who are merely suspected of it.