Act now on No Regulation Without Representation

Any business that goes online to find customers is finding themselves under siege by regulators and tax collectors from multiple states, despite Supreme Court rulings that limit states’ cross-border taxing powers.

READ MORE at The Hill

KGO 810 Radio – Consumers Are Being Scammed Into Paying Too Much For Bad Seats To Summer’s Hottest Concerts

KGO 810 Radio – Consumers Are Being Scammed Into Paying Too Much For Bad Seats To Summer’s Hottest Concerts

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Retailers built too many stores and the bubble is bursting

Online retailers have become a convenient scapegoat for brick-and-mortar stores looking to cast blame for the rapid contraction in retail jobs in recent months.

It’s become a such a common refrain in reports about job losses in the retail industry that it has almost become gospel.

But upon closer inspection, it’s clear that retailers have only themselves to blame for the bubble they created—a bubble that is finally bursting.

READ MORE at DigitalCommerce

It would be a mistake for Congress to prohibit targeted advertising online

The Internet has democratized access to information and delivered a dazzling array of free online services, like search, news, maps, and social media. But imagine a world where the next time you use a search engine, instead of seeing results, you see a requirement to enter a credit card. Or the next time you visit USA Today there is fewer content and even more ads on the screen.

In this alternate world, you are bombarded with pop-ups and interstitials, all of which are asking for consent in various ways: blanket consent for use of all “sensitive” information, consent for use of some sensitive information, consent for use of sensitive and non-sensitive information, and so on.

It’s hard to argue that this world would be an improvement for user experience, much less user privacy.

Nonetheless, this troubling future could become a reality if Congress passes the “BROWSER Act” – legislation that requires online websites and services to get affirmative consent from users before serving any ads based on their interests. The proposed legislation would create a nightmare “opt-in regime for interest-based ads.”

READ MORE at The Hill

NPR All Things Considered - Massachusetts tries something new to claim taxes from online sales

Steve DelBianco is on the shameless-tax-grab side. He leads NetChoice, a national trade association representing e-commerce sites. He says under this strange Massachusetts theory, “your business is subject to the taxation [and] regulation in any state where a user simply enters their website address. That can’t hold up to legal scrutiny, because it certainly doesn’t hold up to common sense.”

DelBianco is not convinced a cookie on your computer is the same thing as a storefront in a strip mall. He’s willing to take that argument to court, and says his group is pursuing an injunction to block enforcement of the law before it goes into effect in July.

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WBUR – Mass. Will Collect Sales Taxes On Online Purchases July 1 (If There’s Not A Legal Fight First)

WBUR – Mass. Will Collect Sales Taxes On Online Purchases July 1 (If There’s Not A Legal Fight First)

Steve DelBianco is on the shameless side. He leads NetChoice, a national trade association representing e-commerce and online businesses.

“Massachusetts has this unique theory of electronic presence,” DelBianco said. “But under that theory, your business is subject to the taxation [and] regulation in any state where a user simply enters your website address. That can’t hold up to legal scrutiny, ’cause it certainly doesn’t hold up to common sense.”

For DelBianco, the only option left is a legal challenge to fight the idea that a cookie on your computer is the same thing as a storefront on Newbury Street. He said his group has sued a number of other states for online sales tax laws and he’s looking at a legal fight in Massachusetts too.

“We’re researching the legal arguments and raising the funds to pursue a lawsuit right now,” DelBianco said. He said it’s “too soon to say when we’ll be ready.”

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The regulatory landscape facing ride-share drivers

Technology has given us more freedom to choose the way we work, live, travel, and shop.  But many Americans are hitting bureaucratic roadblocks on their way find full-and part-time work with peer-to-peer services like Lyft, Postmates, and Handy.  These roadblocks are not just bad for workers, but also for consumers, commerce, and the tax revenue that comes with it.

Some of these roadblocks are intentionally created by incumbents trying to prevent competition.  But others are just legacy rules and laws that impede the fast-moving trend of workers moving into more flexible, freelance forms of employment.

READ More at Capitol Weekly

Seattle shouldn’t try to force unions on Uber, Lyft drivers

As a father with two kids and full-time job, I love the fact that I can choose when and where I want to drive for Lyft. But an ordinance in Seattle could change the face of ridesharing as we know it. And not just for the Emerald City, but for the entire nation.

Fellow drivers in Seattle are in danger of losing many of the freedoms that make ridesharing so appealing. Drivers no longer would be able to work when, where and how long they want. They could be forced into legally binding agreement that mandate minimum or maximum working hours and limit their shifts to certain days or set times.

READ More at The Hill

Illinois Legislation Hammers Small Businesses

While attending the University of Chicago, my dad, like many college students, often stopped by his favorite pizza parlor for some choice deep dish pan pizza. Since then, many of the mom and pop pizza parlors he frequented have migrated online to serve a larger customer base and cut down on brick and mortar expenses. But with the impending passage of SB 1502, these Illinois mainstays of the community might be facing burdensome costs that provide no real benefit to them or their customers.

SB 1502 would require the operator of a commercial website or online service to notify customers anytime information about them is collected or disclosed. This information can be for germane purposes and operational maintenance to reasons related to the nature of the website. Read more

Minnesotans Do Not Support Online Marketplace Tax Proposal, New Study from NetChoice and Americans for Tax Reform Finds

Minnesota state legislators’ push to impose unprecedented sales tax obligations on Internet marketplaces has little support from Minnesotans, according to a new poll jointly released by NetChoice and Americans for Tax Reform (ATR).

Only nine percent of Minnesotans think that the current online sales tax collection process needs to change. Yet, leaders of Minnesota’s legislative tax committees continue to promote legislation (HF4 and SF 2225) that would now require out-of-state businesses to collect online sales tax from Minnesotans. Read more