In a March 13 session, BC member Steve DelBianco pressed ICANN CEO Goran Marby and other executives and directors repeatedly on this point.
“If they [the DPAs] respond ‘Yes, that’s sufficient,’ we won’t know whether it was necessary,” DelBianco said, worried that the Cookbook guts Whois more than is required.
NetChoice — a group that represents online retailers, including Overstock.com, eBay and PayPal — argues that the Baker administration doesn’t have the authority to tax businesses with no actual presence in Massachusetts.
The group filed a legal challenge earlier this year blocking a similar policy that was supposed to go into effect July 1. Revenue officials rewrote the rules to get around issues raised by a state judge and imposed a Oct. 1 start date for the new policy.
NetChoice Director Steve DelBianco said the case could set a precedent.
“Crutchfield’s lawsuit relies on an existing Virginia law designed to protect Virginia businesses from the reach of a tax collector from a state where the business has no physical presence whatsoever — which is exactly what Massachusetts is trying to do”
Debating the merits of not taxing Internet sales
Could a global congress on trust help control digital fear and greed
Why Massachusetts bailed on remote sales tax collection
Part 1: We’re losing the battle for online taxes and consumer privacy
Part 2: The ongoing war for privacy and security in the cloud
Part 3: How much online freedom did you lose in 2016?
Steve DelBianco of the NetChoice Coalition, a member of the Business Constituency, had similar doubts.
“Mitch [Stoltz] cited as an example that UK internet service providers were blocking child porn and since that might be cited as an example for trademark and copyright that we should, therefore, not block child porn at all,” he said. “I can’t conceive that’s really what EFF is thinking.”
The companies long have supported transferring oversight of the web’s address system to ICANN, a global nonprofit, at the urging of the Commerce Department. Its other supporters include trade organizations like ACT – The App Association and Netchoice, companies including Mozilla and groups like the Internet Society.
“That was politically charged rhetoric that was designed to attract attention to an otherwise obscure, technical topic,” said Steve DelBianco of Netchoice, a trade association of e-commerce businesses. “But no serious study of the actual issue would match that rhetoric in any way.”
DelBianco, the trade association head, said he “doesn’t agree with most of the concerns expressed in the lawsuit.” Texas Sen. John Cornyn, a Republican, wished the lawsuit well, adding that there are “a lot of unanswered questions that need to be answered.”
The Internet Association – which represents Google, Amazon, Facebook et al – plus the Internet Society, Internet Infrastructure Coalition, NetChoice, ARIN and a number of individuals have filed an amicus brief [PDF] in Texas court on the eve of a hearing seeking a temporary restraining order against the Department of Commerce (DoC).