Overview

Title

To expand the sharing of information with respect to suspected violations of intellectual property rights in trade.

ELI5 AI

S. 5160 is a plan to help share information better when something might be copied or fake, like toys or gadgets coming into the country. It tries to make sure the right people know about it, but it needs to be careful about not sharing secret or private stuff without good rules.

Summary AI

S. 5160 proposes changes to the Tariff Act of 1930 to improve the sharing of information about goods suspected of violating intellectual property rights entering the United States. The amendments clarify what constitutes a reasonable suspicion and expand the types of information that can be shared, including details about packaging and nonpublic information from entities involved in the sale or importation of merchandise. The bill also broadens the range of parties that can be notified about such goods, ensuring more comprehensive communication with relevant stakeholders.

Published

2024-09-24
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-09-24
Package ID: BILLS-118s5160is

Keywords AI

intellectual property rights tariff act of 1930 reasonable suspicion u.s. customs and border protection information sharing nonpublic information privacy concerns online marketplaces commissioner discretion goods importation

Sources

Bill Statistics

Size

Sections:
1
Words:
456
Pages:
3
Sentences:
6

Language

Nouns: 113
Verbs: 35
Adjectives: 14
Adverbs: 1
Numbers: 16
Entities: 21

Complexity

Average Token Length:
3.73
Average Sentence Length:
76.00
Token Entropy:
4.47
Readability (ARI):
37.13

AnalysisAI

General Summary of the Bill

The proposed bill, identified as S. 5160, aims to enhance communication regarding suspected violations of intellectual property rights in trade. Introduced in the Senate by Mr. Grassley and Ms. Hassan, this legislation seeks to amend a section of the Tariff Act of 1930. The key change involves expanding the range of information that U.S. Customs and Border Protection (CBP) can share with various parties, notably in cases where there is a "reasonable suspicion" of intellectual property rights violations. This includes sharing data generated from online marketplaces and other entities involved in the sale or importation of goods into the United States.

Summary of Significant Issues

A number of issues arise from the proposed amendments:

  1. Vagueness of the Term "Reasonable Suspicion": The term "reasonable suspicion" introduced in this legislation could lead to varied interpretations, potentially resulting in inconsistent enforcement.

  2. Privacy and Data Protection Concerns: The amendment allows for the sharing of nonpublic information across entities without clear limitations or safeguards, raising both legal and ethical concerns about privacy rights.

  3. Discretion Granted to the Commissioner: The bill includes provisions that permit the Commissioner to determine which parties may receive this information, potentially leading to arbitrary decision-making due to the broad discretionary power given.

  4. Breadth of Included Entities: The inclusion of various entities like online marketplaces, express consignment operators, and freight forwarders might be overly expansive. This could unintentionally affect businesses that were not the intended targets of this legislation.

  5. Inconsistency in Application: The lack of specific guidelines on how "reasonable suspicion" will be determined or by whom could lead to inconsistent application of the law.

Impact on the Public

For the general public, this bill could have mixed effects. On one hand, more robust enforcement of intellectual property rights could lead to better protection against counterfeit goods, potentially enhancing consumer safety and economic interests. However, if privacy safeguards are not adequately addressed, individuals might face increased risks of their personal and business information being improperly shared or exposed.

Impact on Specific Stakeholders

Positive Impacts:

  • Rights Holders: Companies and individuals with intellectual property rights may benefit from improved enforcement and protection against counterfeiting and piracy, leading to potentially higher revenues and greater market integrity.

Negative Impacts:

  • Small Businesses and Online Marketplaces: These entities may face challenges due to the broad scope of the bill. Additional scrutiny or inadvertent inclusion in suspected violation cases might lead to operational disruptions and increased compliance costs.

  • Data Privacy Advocates: Concerns over the sharing of nonpublic information without sufficient safeguards could lead to pushback from groups focused on data protection and individual privacy rights.

In conclusion, while S. 5160 endeavors to tighten control over intellectual property violations, clarity on its implementation, privacy concerns, and the potential for arbitrary decision-making need careful consideration to ensure that its benefits outweigh the drawbacks for all affected stakeholders.

Issues

  • The language 'reasonable suspicion' used in Section 628A, subsection (a) might be considered vague and open to interpretation, potentially causing inconsistencies in enforcement. This is significant legally as it affects the clarity and application of the law.

  • The amendment allows for sharing nonpublic information without clear safeguards or limitations in Section 628A, subsection (a)(3), which might raise privacy or data protection concerns. This issue is crucial for ethical and legal reasons related to privacy rights.

  • The phrase 'any other party with an interest in the merchandise, as determined appropriate by the Commissioner' in Section 628A, subsection (b)(5) is ambiguous and grants wide discretion to the Commissioner, potentially leading to arbitrary decision-making. This raises legal and ethical concerns regarding checks and balances.

  • The inclusion of multiple entities like 'online marketplace or other similar market platform, an express consignment operator, a freight forwarder' in Section 628A, subsection (a)(3)A could be perceived as overly broad and potentially includes unintended entities, which is significant because it might affect various businesses and stakeholders unintentionally.

  • The amendment lacks clear guidelines on how 'reasonable suspicion' will be assessed or who will be responsible for making this determination, which could lead to inconsistent application of the law. This is important for legal and application consistency reasons.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Sharing of information with respect to suspected violations of intellectual property rights Read Opens in new tab

Summary AI

The section amends the Tariff Act of 1930 to specify that U.S. Customs and Border Protection can share more detailed information about suspected violations of intellectual property rights, including data from online marketplaces and other parties involved in the sale or importation of goods. Additionally, it clarifies who can receive this information by allowing any interested party, determined appropriate by the Commissioner, to be included.